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Things to Know Before Being Involved in Child Custody Process

If you are getting a divorce and have to fight for your children’s custody, you should be prepared. Where getting a divorce is difficult, the child custody process can be harder taking up most of your time and strength. Furthermore, it is devastating for the children.

Usually, when filing for divorce, the couple may come up with a negotiation for child custody. This negotiation might be based on whether the custody will be joint or single. If however, both parties do not agree on something, a legal child custody process comes in order.

If your case is similar to the one mentioned above, you should be aware that before you can take the custody case to court, child custody process requires you to look for a mediator. A mediator is a neutral third party who works with both parents to come to an agreement over the children’s custody.

Preparing for Mediation

In order to win the custody of your child, you should be well equipped for the entire mediation process. Before you start mediation you should get sound legal advice from your attorney. With legal professional help, you can come up with a list of agreements and proposals for the custody. While mediation will give you a chance to put forward your ideas, it is also a time for you to listen to the other party. This could be your best shot at getting what you want.

Mediation Process

Mediation in the child custody process begins with a neutral mediator setting up a meeting with both parents. The proposals of both parents are heard and the disputes which arise are addressed. The length of the mediation process depends on factors like the number of children involved, the gravity of the situation and the commitment of both parents towards the process. While the mediator will not offer you counseling or advice, he or she will try to establish what is best for the children. Hearing the proposals made by both the parties, he or she will try to find an arrangement which works best for both.

Preparing for custody agreement

If you and your ex-partner have settled on an agreement, the mediator will prepare a legal document which should be carefully examined by you and your attorney for errors. Once both sides agree to it, the document is submitted to the court which passes the final verdict.

If however neither parties’ come to an agreement during the mediation process, the case is taken to court and a trial is conducted by a judge.

These guidelines will allow you to prepare beforehand regarding your child custody process.

Written by Custody Lawyer on May 2nd, 2011 with no comments.
Read more articles on Child Custody.

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