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How Attorneys Go About Child Custody Cases

 In Child Support Lawyer, Family Law

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Child custody cases are seen the most when parents are going through the process of divorce. Just like divorce cases, determining who gains custody of children can be a strenuous process, but thanks to family lawyers, cases can be settled much more firmly. What makes child cases so difficult to establish is the fact that there are a number of questions that have to be answered in order for the court to determine who the children will reside with and the terms of visitation. There are two ways that this usually takes effect: either the parents will be able to come up with a consensus or the court will decide for them. Let’s go more into depth as to how these two decisions can be ruled by law.

 

 

  • Mutual Agreement

 

It’s not often when this occurs, but some parents or couples are able to reach a mutual settlement on child custody and visitation. This is usually carried out by informal settlement negotiations (done with the help of an attorney) or out-of-court alternative dispute resolution proceedings such as mediation, also known as “collaborative law”, which also mostly done with the help of a law professional. 

 

 

  • Court Decision

 

Courts consider several factors such as age, parents’ history of the relationship with their children, the overall well-being of the children and so many more. A judge must be able to carry out their decisions logically and to be able to do that they have to be mindful of the child’s “best interest”. The “best interest” of a child defers to the wisdom of the lower court judge because appellate courts are reluctant to suggest any specific formula that Probate & Family Court judges should follow when determining custody.

 

The Best Family Law Firm in the Sun City 

Parents shouldn’t resort to settling child custody irresponsibly and children shouldn’t be placed in that burden of a process as well. Contact Perales Law Firm to learn more about how we can represent you!

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