Dealing with the dissolution of your marriage is already tough. When you have kids, that makes it even more difficult. You must make decisions about who will take custody of the child, and what rights you’ll have as a parent.
This is difficult, and you must come in prepared. Knowing what happens during child custody negotiations gives you the chance to prepare your questions and rules for your child’s custody. Knowing what to expect will make the process easier, so be sure to prepare any necessary information before your negotiations begin.
Deciding Rules for Custody
One of the biggest decisions you and your former spouse will make will be on who has primary custody, how you’ll share custody, and what rules will govern your custody agreement. For example, you may no longer be living at the home where the child grew up, and you or your spouse may wish to not uproot the child from their home, giving your spouse physical custody of the child.
You may decide, however, that you’ll share legal custody of the child, meaning that you’ll be part of the decision-making process for the child. This could include decisions on their healthcare, education, living situation, and visitation.
These rights are important for both parents, so you must take time before the custody negotiations to decide what rules are most important to you for your child’s custody situation.
The Child’s Needs Are Considered
If you and your spouse can’t agree on custody, your mediator can step in and help, or a judge can make the final decision based on the best interests of the child or children.
This doesn’t go straight to one parent or the other. Instead, the mediator or judge will review all factors that might affect the child’s quality of life. This may include any of the following:
Proximity to the child’s school
The child’s closeness to one parent or the other
Past problems with domestic violence or substance abuse
The child’s age
The parent’s ability to care for the child, such as working hours and health
Once these factors, among others, have been considered, the final decisions for the child’s custody and visitation rights will be settled. The agreement will be brought to the judge, or the judge will make the final decision.
A Lawyer Can Mediate
If you’re concerned about your child custody situation, it’s best to come to your negotiations knowing what to expect. It’s even better to come prepared with a lawyer who can mediate the process and help both parties compromise.