subject: Mediators For Child Custody Battles [print this page] Mediators For Child Custody Battles Mediators For Child Custody Battles
Here is a step-by-step guide on the considerations you have to follow when filing for child custody.Type of Custody ArrangementYou have to first recognize the options for the different types of possible custody arrangements as this is one of the first steps in establishing who will get custody of the children. As an example, both parents may wish to develop an agreement whether one or both of them make decisions on the children's upbringing and welfare, and this is known as sole custody for just one parent or joint legal custody for both parents.The Decision MakerThis will determine who provides answer to the question "who will get custody?" and will depend on the process that will be followed. If both parents want full control over the decision making and decide to reach an out-of-court agreement on child custody and visitation it will be best to go through alternative dispute resolution techniques, the most popular of which is mediation yet there is also the collaborative law. In this procedure, the parents themselves decide on the terms of custody, usually with inputs from lawyers, counsellors and the mediator/s. Though this is considered an informal settlement negotiation, ADRs still have guidelines that need to be followed.Because of the arrangement of a suitable living and visitation schedule brought about by the ADR, there is really no set answer as to who gets custody. This arrangement could either be a true joint custody pact wherein the children split time living with each parent and both concur on major decisions for the child's well-being. Or it could be an agreement that the children will live primarily with one parent but they will be open for visitation from the other parent.If no deal is concluded through mediation by the couple in a child custody battle, then the custody judgement will be formed usually by a family court judge.Factors and Choices in the Child Custody SelectionSeveral factors typically weigh on the decision-making process, whether the custody decision will be made through the parents' concurrence or through a court decision.Foremost to be considered are "who is the child's primary caretaker?" and "what is in the best interest of the child?" Other factors include the child's preference, and the fitness of each parent in handling a growing child with lots of needs.
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