Child custody issues and disputes are some of the most emotional and legally complex elements of certain divorce proceedings. By employing certain strategies and following specific tips, you can place yourself in a better position to protect your rights and interests, and ultimately prevail in even a contentious child custody case.
Settlement Agreement
Consider attempting to reach a settlement with your spouse. By entering into a settlement agreement, you can ensure that both you and your spouse maintain the greatest degree of control possible over crafting a custody arrangement for your child. Failing to reach a settlement can result in an assignment of your ability to make these important decisions to a judge, according to "Child Custody A to Z: Winning with Evidence." The court ultimately needs to approve any agreement reached. However, approval from the court is likely assuming that what you and your spouse work out is in the best interests of your child.
Legal Representation
Although you possess the right to represent yourself in a child custody case, your interests will likely be best protected through retaining legal counsel to act on your behalf, according to the American Bar Association Section of Family Law. Local and state bar associations maintain directories of private attorneys who practice in the family law arena. Additionally, these groups can assist in locating both legal aid organizations as well as law school clinics that provide low or no-cost representation for individuals unable to afford private counsel. Contact information for these state and local bar associations is available through the American Bar Association at:
American Bar Association
321 N. Clark St.
Chicago, IL 60654-7598
312-988-5000
abanet.org
Mediation
Mediation is a process through which you and your spouse meet with a mediator to discuss and work to resolve child custody issues. A family court mediator is a professional specifically trained to assist parents in reaching decisions regarding their children, including custody matters. The mediator does not make decisions for you and your spouse, but rather provides advice and guidance in an effort to achieve a custody settlement agreement.
References
- American Bar Association: Section of Family Law
- "Child Custody A to Z: Winning with Evidence"; Guy J. White; 2005
- Cornell Law School: Child Custody Overview
