Custody Dispute
7 Important Things Parents Should Know When Going Into A Custody Dispute
When parents decide to have a custody dispute, there are things they must know to ensure that everybody comes out the winner…especially the children.
7 Things To Help Parents Understand The Custody Dispute Process
1 – Parents should have an understanding of the different kinds of custody available and come up with a plan that works for their children.
2 – Parents should understand that all custody issues don’t have to be resolved with just court mediation but rather in an informal, private setting. A lawyer can help you both choose what method is better based on the circumstances of your case.
3 – Parents need to understand what the custody meditator’s role is should the case go through the court system. The following is a recommending county process:
A – The mediator tries to assist parents to reach an agreement
on every parenting issue such as parenting plan, legal custody and
physical custody.
B – The mediator will meet both parents at the same time, unless it’s
specified to meet separately or there’s an active restraining order.
C – If parents are unable to agree to issue, the mediator will give the
court his/her recommendations on what is the child(ren)’s best interest.
D – During the court hearing, parents can choose on whether or not the
court should adopt the mediator’s report for a court order or if the
matter should go to trial.
4 – Have a written plan to what you think custody and parenting time needs to be and why you believe it’s beneficial for the children that way. Include all vacation times and holidays.
5 – Do some research into the school district the other parent is living in. If the children are currently doing well in their present school and the other parent lives a good distance away, be sure to find ways the children have their needed conveyance and daycare. Stability is the key to keeping children from feeling the negative effects of their parents’ fallout.
6 – Parents should have an understanding that each country has their own rules about court custody mediation process. The mediator in a recommending county will make recommendations to a judge that includes both contentions and agreements both parents have made. There are some countries where only the mediator will go before the judge when a settlement is reached. In the non-recommending counties, the mediator will not give any recommendations to the court. Instead, the mediator will give the court the agreements the parties have reached.
7 – Should an issue of negligence or parent incapacity or domestic violence arise, the mediator needs to be aware of it right away.
Both the mediator and judge are there to guarantee that an appropriate parenting plan is put together for the children’s sake. They are impartial so their view is based on the data they are given by the parents. Thus, you’ll need to be coherent, complete and prepared… you’ll need to make compromises. Whatever kind of parenting plan you’re after from your child(ren), be sure you talk to a lawyer who specializes in family law so you can get answers to your questions and discuss what options you have.
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