How Are Custody Disputes Handled?

Custody disputes are among the most sensitive and emotionally charged matters in family law. After the separation or divorce of parents, the courts aim to resolve these disputes in a manner that prioritizes the child’s best interests.

But did you know that most custody disputes never see the inside of a courtroom? Surprisingly, 90% of custody cases are resolved without going to trial, according to a report from Clio. This highlights the value of strong negotiations in family law practice.

Still, you need to consult a child custody attorney to understand the legal process and handle your case when this issue escalates to the court.

But how exactly do judges make a decision? And what do you prepare to win the case?

Understanding Custody Types

Dealing with custody disputes requires an understanding of the varying types of custody arrangements.

You have two main distinctions: legal and physical custody. Legal custody confers the right upon you to take important decisions concerning the child’s upbringing, including discriminatory factors of education and healthcare. Physical custody pertains to where the child will live and spend time.

You can also have joint custody or sole custody. Joint custody involves both parents sharing rights and responsibilities; sole custody puts all rights onto one parent.

Family Law problems are some of the most difficult and emotionally challenging faced by any person. The results obtained in Family Court will affect your life and that of your children for many years to come, according to a family law attorney in Lake Charles.

Having knowledge of these terms can very well help you understand the intricacies of your case. It will also be easier for you to advocate for the child and what arrangement serves them well.

Factors Influencing Custody Decisions

Several factors affecting custody decisions are the subject of much examination and can greatly affect your case.

When the court is deciding, they always look at what is in the best interest of the child. They make sure that all their needs will be provided. This includes their emotional, educational, and physical needs. Which is why proving your capability to provide a stable environment is an important factor to win the case.

The bond between you and your child is another important factor. Courts are interested in seeing consistent involvement by both parties. Parenting skills, history or incidents of substance abuse, and incidents or allegations of domestic violence may serve as important considerations.

The courts take into consideration the preferences of the child, especially if he or she is older. If you are cooperative with the other parent and assist in providing a relationship between that parent and your child, this may also be a positive influence on the court’s decision.

Prepare yourself well to make an organized approach to presenting your case.

The Role of Mediation in Custody Disputes

Mediation plays an important role in custody dispute resolution in courts, but mostly it is in great demand when parents want to reach an agreement away from a courtroom.

During mediation, you and the other parent collaborate with a neutral third party concerning your worries and preferences in relation to setting up a custody arrangement. Such an approach allows you to consider your needs with the child’s best interests in mind.

Through collaboration and open communication, you may come up with creative solutions that might not be given in court. Mediation tends to be less adversarial and psychologically easier on the participants. Because it usually proceeds faster, mediation becomes a matter of jumping into a bright future for the child.

Court Proceedings and Hearings

Mediation is required to resolve most custody disputes; at times, court will need to be convened for hearings if the parties cannot agree.

Usually, these proceedings begin with the filing of a petition in court. The party states his case before a juvenile court judge or commissioner who must consider all the circumstances affecting the child, in particular the child’s best interests.

In the hearing, the parents give different accounts as to what happened. You may want to call witnesses and offer evidence on your behalf. The judge will question parties to ascertain clarity on certain issues.

After the court has evaluated the evidence, it delivers the custody order, describing the arrangements.

Resources for Parents Dealing with Custody Issues

If you feel overwhelmed with attempting to resolve any of the custody issues, you may very well know how it went in court.

You have a lot of possibilities for help. You may want to go to workshops that can be found in your town. These workshops provide you with useful ideas for co-parenting and communication skills.

Another support mechanism to have would be joining groups organized for parents dealing with custody cases. Meeting people with similar concerns can be healing, emotionally, and sometimes they can give good advice.

You should never forget about information to be found online, such as those websites or forums for sharing experiences and gaining insight from others.

An attorney for family law could help you determine your options and your rights. These resources would give you power during this difficult physical and emotional process.