Custody
What Do You Need to Know about Custody Law?
Do you have to go to court?
Few areas of the law are as contentious and unpredictable as custody litigation. In most cases, both spouses are fit parents, free of mental illness, substance abuse problems, or abusive tendencies. In such cases, the outcome of a custody battle may hinge on minor issues that may be magnified under judicial scrutiny. Parents and children may lose control over important aspects of their lives when custody cases are litigated. Most people would not want a stranger to decide how often they may see their children and under what conditions… even if the stranger is a judge. That is why settlement is the best alternative to custody litigation unless there are severe problems.
What is the custody process?
Litigating custody may be a long process. Our courts have intentionally erected obstacles to dissuade parents from litigating custody disputes, encouraging settlement instead. For instance, parents are required to attend mandatory custody education and mediation sessions before they may proceed to court. Even when the courthouse door is opened to them, parents must attend judicial conciliations (settlement meetings) before hearings will be scheduled. Judges are mindful of the best interests of children. Their goal is not to avoid hard choices, but to encourage parents to put their children first and set aside their differences when making decisions that will affect the most vulnerable people invoved in a divorce (children).
If the parents agree on a schedule, is it necessary to “get it in writing”?
Some parents believe that they must enter into a custody order to make their divorce “complete.” Actually, if an informal custody arrangement is working well, it is not always necessary to put it in writing. Custody orders can be beneficial to establish boundaries and set rules, but flexibility and cooperation may be sacrificed. When parents do not have a custody order, they might simply keep records of a custody schedule that is working. This will help them to prove the “status quo” if there is ever a dispute that requires court intervention.