Considerations on The Custody of Minors

Here are Considerations on The Custody of Minors

Consideration # 1: Types of agreement for the custody

One of the first steps in determining who will have custody of a minor is to understand your options in terms of the different types or arrangements for the custody. For example, you and the other parent of the child may wish to come to an agreement in which the two are making decisions about the upbringing and welfare of your child. This is called “joint legal custody” in most states. Or they may think the other parent of your child is not behaving appropriately or that it is unable to take responsibility for their child, in such case, you can request the “single custody”.

Consideration no. 2: The decision making (on the part of the parents or a judge)

Often, the answer to who will get custody will be determined, in large measure, by the process to be followed by parties involved in the application of the custody of the child.

The parents and the decision making. In most of the cases in which the parents reach a settlement on the custody of your child and the visits, the answer to this question depends on the parents themselves, usually with the intervention of lawyers, counselors, or mediators. A settlement agreement on custody and visitation can arise as a result of informal negotiations, or after the parents participate in a process of alternative dispute resolution, as is the case of the mediation or the right collaborative. In some states, require parents in a divorce try to resolve their disputes with respect to custody through mediation.

If the parents in a divorce are able to reach a settlement on the custody of their children and are able to establish a schedule of visits and housing, then there will not be a single answer to who will get the custody. Parents can come to a real agreement on shared custody, in which we divide the time the children live with each parent, and ok to take together the important decisions about the upbringing and welfare of their children. Or they may agree that the children will live primarily with one parent, but there will be a schedule of visits generous to the other. See also: to Reach a settlement on custody.

A judge in the decision making. If the parents, in a custody dispute do not negotiate some kind of agreement, then the custody decision lies with a court, usually a judge of the family. It is not easy to predict the answer to who will get custody, but at the time of deciding on the custody of a minor child, judges tend to follow a certain procedure, adhere to certain common principles and take into account a number of considerations already set forth. See also: custody Decisions in front of a family judge.

Consideration no. 3: Factors and preferences in decision-making on custody

Regardless of whether the decision on the custody arises under an agreement between the parents or by a judge, certain factors tend to have a large weight in the decision-making process.

In almost all cases that come to family court to fight over custody, considerations such as who is the primary caretaker of the child and what is in the best interests of the child are of great importance for the judge who takes the decision on the custody. The judge will also take into account other factors, such as the preferences of the child. Even if the parents try to resolve the custody and visitation through negotiation and an out of court settlement, will help you to keep in mind the same considerations and factors when trying to reach an acceptable agreement that promotes the best interest of the child. More information (in English):

  • Consider the “best interest” of the child
  • Who is the primary caretaker of the child?
  • Child custody and religion

Considerations in cases in which there is no divorce

Although the issue of custody and visitation is usually part of the divorce, the parents are not the only ones involved in deciding who gets custody of the child. Custody disputes can arise between unmarried parents; grandparents who wish to enforce their right to visit their grandchildren and, on rare occasions, between relatives or other persons close to the child who dispute custody. See also: Custody and visitation in cases in which there is no divorce.

Family law: How to obtain the help of an attorney

If you are facing a potential disputes about divorce, custody or child support, or for other reasons, a lawyer specializing in family law can help you with a fair representation of the parties in the process. A lawyer specializing in family law will work to obtain the best possible result. The first step is to find a lawyer specializing in family law in your area.

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