A Few Common Questions About Child Custody

During the divorce process, one of the most demanding and pressing concerns will revolve around the custody of your child or children. There are undoubtedly many questions you have about the process. Read on and discover a few answers to commonly asked questions about child custody. If you believe that the custody of your child or children will fall into contention during your divorce, it is highly recommended that you call on the services of a local and trusted child custody attorney, such as those at The Law Offices of Paul F. Moore II.

Is Mediation A Recommended Way Of Dealing With Custody?

In many cases, yes. Mediation is often recommended to those parents who wish to approach the subject of their child's custody in a non-adversarial manner. This means that a third party, known as a mediator, helps both parties come to a decision regarding what is best for their children. This third party might be an attorney, but it need not necessarily be, and can in fact be a child counselor, a psychologist, or any number of other professionals. They will not form a final decision regarding your child's fate that is legally binding, however. Mediation is a process that, if resolved amicably, can usually take place over the course of a few weeks, rather than the custody litigation process, which can continue for months.

What Factors Come Into Play When Deciding Who Gets Full Custody Of the Child?

There are a number of issues that the court will take into consideration when it is decided who gets full custody of your child or children. Perhaps the most decisive factor in such an issue is the parent's mental health. If a parent has been deemed too mentally unstable to properly take care of a child, then it is unlikely that he or she will receive custody rights. The emotional bond between the child and parent is also an important issue that a court will look at. A parent should have the emotional capacity to love their child and offer him or her guidance in their future endeavors. The parent should also be able to provide a rigorous and consistent standard of living that includes a child's education and home life.

What Constitutes "Reasonable and Fair" Visitation Rights?

When it comes to determining "reasonable and fair" visitation rights for the parent without custody, the decision is largely up to the parent with custody rights. However, so long as both parents work together and cooperate, the issue should not be a major one. The court tends to favor plans that are rigorous and well planned out and works around the schedules of both parents.