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Child custody arguments can arise during the divorce process when two parents disagree over the terms of child custody. When child custody arguments occur there are a few ways that they can be handled. Mediation is a process that allows parents to work out child custody arguments without having to go to court. If parents are unable to settle child custody arguments in this manner, the court will intercede to settle the dispute and determine the terms of child custody.
Child custody is legally defined in two parts: legal custody and physical custody. Legal custody refers to who will make the major decisions that will affect the child's life. Child custody arguments may center on some feature of legal custody, such as decisions about the child's healthcare, education, religion, and general welfare. Physical custody determines who the child will live and spend their time with. When child custody is shared between parents, one parent may get primary physical custody and the other will get visitation rights. Child custody may also be arranged so that child resides part-time with both parents. Yet another option is for one parent to have complete legal and physical custody of the child.
Child custody arguments can center on any element of a custody agreement, from the scheduling of child visitation to the type of religion the child will be taught to observe and everything in between. In highly conflicted divorces, child custody arguments may actually be more a product of each parent's anger and other emotions than a true result of child custody disagreements.
When child custody arguments occur, mediation and court intervention can play a crucial role in settling the dispute and protecting the interests of the children involved. The family court has the final authority in determining child custody arrangements. The court will always use the best interest principle in cases involving children. This means that child custody arguments will be settled in the way that best serves the interests and welfare of the children involved.
Mediation is a process by which parents can settle child custody arguments without having to go to court. A mediator is a privately-hired or court-appointed neutral third party who will work with each parent directly to try to work out the disagreements in child custody arguments to develop a mutually acceptable parenting plan. When mediation is successful, the parenting plan that is developed will be upheld by the court so long as it serves the best interests of the children.When child custody arguments cannot be settled, the family court will intercede to settle the dispute and determine the terms of child custody. Parents who are involved in child custody arguments greatly benefit from the advice and counsel of an experienced family law attorney who can protect and maximize their legal interests. There is a lot at stake in child custody negotiations and you need the best help you can get. If you would like to learn more about options after child custody arguments or any other related matter, please contact us to speak with a qualified and experienced family law attorney in your area.
More information on custody:
Child custody rights may be shared by both parents or, primary child custody rights may be awarded to one parent or legal guardian. Since the 1970s the family court will award child custody rights contingent with the best interests of the child.
Child custody for fathers following a divorce is one of the most important aspects of a dissolving marriage. Throughout history the legal presumptions about child custody for fathers has changed significantly. Before the twentieth century children were regarded as the property of their father. Under common law, child custody for fathers was commonly awarded, as children were considered a father's rightful property. A major shift occurred after this period in history, as family courts came to favor mothers in child custody cases. It was presumed that under normal circumstances, children did better when placed in the sole custody of their mothers.