Child Custody

In most divorces with minor children, the parents can agree to the custody arrangement without going to court. This usually happens through negotiations between the parents and their lawyers, and mediation can help resolve disagreements over child custody and parenting after the divorce is final. The child custody agreement is a written, customized agreement between the parents that becomes an enforceable part of the divorce judgment. The terms vary depending on the particulars of each situation, but they typically address:

• Where the children will live;
• Visitation schedules; and
• Specific financial support.

If the parents cannot agree, the court will rule on child custody issues after hearing the evidence and testimony presented by both sides.

Joint custody is presumed to be in the best interest of the child and is usually awarded when requested by both parents. However, many judges will not award joint custody if either parent claims co-parenting is impossible. Parental equality is also presumed: at the start of any custody proceeding, the mother and father are entitled to custody of their children. The natural parent is favored as a custodian, and custody may only be awarded to a third person if the parent is found to be unfit or has abandoned the child. There is a presumption that custody should not be granted to a parent with a history of family violence.