Type of Custody Arrangement
You 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. Both parents may wish to develop an agreement whether one or both of them make decisions on the children's upbringing and welfare. This is known as sole custody for just one parent or joint legal custody for both parents.
The Decision Maker
If both sides decide to reach an out-of-court understanding of child custody, it's advisable to go through (ADR) Alternative Dispute Resolution techniques. This is the most common mediation method, yet there are also collaborative laws. In this procedure, the parents themselves decide on child custody terms, usually with inputs from child custody attorneys and mediators.
This arrangement could either be a true joint custody settlement in which the kids split time living alongside each parent and both consent on serious decisions for the child's well-being. Or it may be an agreement that the children will stay mainly with one parent; however, they will be receptive for visitation with the other parent.
When no concession can be negotiated through ADRs by both parents in a child custody dispute, then the custody decision will usually be made by a family court judge inside a courtroom. It can hardly be predicted who gets the custody as it will all depend on the proceedings. The court will follow a specific procedure, adhere to some common fundamental, & look to a standard set of considerations.
Factors and Preferences in the Custody Decision
Many aspects usually weigh on the decision-making process, whether the child custody arrangements will be made through the parents' negotiations or by using a court judgment. The most important to be considered is "who would be the child's primary guardian & what is in the best interest of the child?" Other elements include the child's preference and each parent's competence in coping with a growing child with many different needs.
Do not waste time in the uncertainty of losing custody of your kids or having the least visitation rights by not grasping child custody laws. Contact Mr. Binoye Jos at Jos Family Law for the best advice. Find the right custody arrangement and guarantee success with the top Orange County child custody attorney. For a free initial consultation, call Jos Family Law at 1-714~733-7066.