Everything You Need to Know about Divorce and Child Custody
Both parents have an active role to play in a child’s life. It ensures that all their needs are met and develops their personality in a much better manner. However, in some situations, a marriage cannot work. It can be due to various factors, top most being domestic, mental and physical abuse.
If you have a child and you and your partner have decided to part ways, then child custody is the rightful process to follow. It can be pretty stressful and exhausting but managing the legal process professionally and in a calm manner is crucial.
How to Reach a Custody Agreement?
Parents have two major ways to reach a custody agreement:
- Through the judge’s court decision
- Or through a mediator
Both of the ways are accurate. However, you should never make any negotiations with your ex-partner or sign an agreement, without legal help and advice. Furthermore, the process will vary for the mediator and the judge but the final outcome is in the shape of a written legal agreement.
This agreement is also known as parenting agreement or child custody agreement. It is presented to the judge of the court for the final approval and then this agreement turns into a binding contract to which both the parents have to abide, strictly.
Can we Try Informal Negotiations?
Parents can definitely opt for informal negotiations if both of them are promising enough to abide by the agreement that they settle for themselves. You can negotiate the terms on your own and later on hire an attorney to finalize the terms and create a binding contract. Always, make sure that the informal negotiations are also binded into a contract for future ease and assistance.
Family Courts:
In case, if you have a dispute with your partner and your divorce has been due to unpleasant reasons, then turning to the family court is the best solution. The biggest advantage of family courts is that they always consider the interest of the child first.
The decision is truly based on the jurisdiction regulations. Here are some of the key factors that the family court considers before making a decision:
- The relationship of both the parents with the child.
- Living conditions of the parents individually.
- What does the child prefer?
- Willingness of the parents to support the child ‘s relationship with the other parent.
- The kid’s age is an important factor to consider as well as very young kids must live with their mothers.
- Abuse and neglection.
These factors are important to consider in the light of the law. And as child custody is a legal matter, the family court offers promising outcomes, that are best for the child and not for the parent’s individual satisfaction.
CONCLUSION
Divorce and child custody are a stressful time for the kids as well. Thus, it is best to keep the process minimal and abide by the court’s decision.