How Is Child Custody Determined?

When two people who share children separate and divorce, agreeing on the proper child custody and visitation arrangement is often emotionally charged and contentious.

However, most follow a standard formula considering the time spent with each parent, the children’s needs, and the income of both parents. Once ordered by the family court, both parents must comply with the guidelines or face legal trouble. Speak to a knowledgeable child custody lawyer for questions or help with your case.

How Does a Court Determine Child Custody?

Custody arrangements, or parenting plans, are required when two people sharing children divorce, separate, or enter custody proceedings. The two parents must attempt to find a suitable arrangement and draft the plan without the court’s oversight. One primary purpose is to help them learn to communicate and co-parent effectively for the best interest of their children. The plan must include the following:

• Legal and physical custody arrangements
• Visitation, also called parenting time arrangements
• Rules for communication and dispute resolution
• Shared transportation arrangements
• Methods they will use to modify the arrangement
• How will they address and handle final order modifications and amendments

The family court promotes effective co-parenting, which provides countless benefits to children raised by divorced or separated parents.

Parenting Time

The family court seeks to ensure children spend as close to equal time with both parents as possible unless there are unhealthy or unsafe circumstances. Case specifics, such as domestic abuse, drug or alcohol addiction, or criminal history, are often considered harmful.

How to Determine Child Custody Through Mediation Services

The family court in most states requires parents to work together and reach an agreement through mediation before court proceedings. Examples of the mediation process include:

• Both parties meet with the mediator together if possible or separately if not
• Jointly establish and organize the most important issues at hand
• Discuss and agree on a parenting plan that is in the best interest of their children
• Prepare, finalize, and execute the arrangement

While the family court prefers parents working together to create a parenting agreement, there are times when the process is ineffective. In those cases, the court will review the case to decide what is best for the children and order the final arrangement. In recent years, family legislation has focused more on equal parenting and creating healthy environments for children.

The Uniform Child-Custody Jurisdiction and Enforcement Act

The federal government enacted legislation to promote enforcement provisions and protect parents from domestic parental kidnapping. The Uniform Child-Custody, Jurisdiction and Enforcement Act state that after a state’s family court system issues decisions ordering the custody and visitation arrangement, a family court within another jurisdiction has no legal authority to alter or cancel the order. The court proceedings will occur in the state where the custodial parent resides when they live in different locations.

Speak to a Knowledgeable Attorney About Child Custody Today

Agreeing on custody arrangements is often highly emotional and stressful. Unfortunately, it is not unheard of for one party to seek an arrangement that hurts the other because of issues regarding the divorce rather than thinking of how it will affect their children.

Our Family lawyers recognize the importance of healthy co-parenting and children spending as much as 50 percent of their time with each parent. Speak to a seasoned family law lawyer for more information and questions about determining child custody.