Child Custody Disputes During Divorce

When a family dissolves, the biggest loser is generally the child. And while there are processes in place to bring about a custody solution that is in the best interests of the child, it can still be a long and difficult process. Courts generally encourage divorcing couples to work out their own agreement on a number of issues, including child custody. However, that is not always possible. In the long run, if parents cannot agree, even with limited forms of outside help, they may end up in family court, presenting their case before a judge.

Disputes Over Child Custody

Child custody negotiations generally reflect how amicable a divorce is in general. Parents who cannot agree on other issues generally will have trouble coming to an agreement about child custody. There are primarily two issues that have to be decided:

Type of Custody

Legal custody – meaning that parent has the right to make decisions about rearing the child
Sole custody – which generally occurs when one parent is unfit
Joint custody – in which both parents have equal opportunity, time, and responsibility in rearing the child
Child support (if any)

The first priority with most courts is to have parents reach an agreement on their own. If no solution is reached, parents are then encouraged to seek an unbiased third party mediator who will attempt to help them reach an agreement. If parents still cannot find a solution, they will generally have to go to court.

Going to Child Custody Family Court

While laws vary by state, these issues are commonly handled in family court. When parties reach this point, each generally must have their own child custody lawyer to advise and represent them in court. In addition, there are a number of issues that parents must think through in order to present their case to the judge, including:

The mental, physical, and financial status of the parents
The wishes of the child, if they are old enough
The best opportunity for a stable home environment
Age and sex of the child
Parental discipline
Religious and cultural considerations
Any evidence of drug, alcohol, or sexual abuse by either parent

Court Case Process

As in any court case, family court allows the attorneys for each party to present their case in court. The other party has an opportunity for rebuttal and presentation of any additional or extenuating circumstances. Once all the testimony is given, the judge will either make a determination from the bench or, more commonly, deliberate for days or weeks until they can formulate a child custody plan that meets the family’s needs. That decision becomes binding unless one or both parents petition the court to change the child custody plan and new orders are handed down by the family court judge.

Child custody cases are generally extremely emotions elements of divorce cases. The parties often have difficulty negotiating for the future of a child without a knowledgeable and experienced advisor at their side. Most child custody attorneys have extensive experience in doing just that, as well as informing and preparing the parties to conform to the legal requirements of negotiations, mediation, or family court.

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