Are You Prepared For Your Child Custody Hearing?

The court plays a significant role in determining what is in the ‘best interests’ of your child. The court considers all aspects including physical, educational, spiritual, emotional as well as preferential requirements of a child, so it makes a study of homes of both parents, along with schools, location, neighborhoods and facilities, before making a decision on custody.

Although the courts have the best interests in mind, there can’t be anyone more important in making the best decision for their children than parents. Parents should try and settle their Child Custody issues outside the courts. A custody decision arrived on your own with two agreeing parents is more desirable than the one which is disputed a determined by the court.

Preparing for the Child Custody trial, you should possess certain documents and information related to your children, which will help determine the best interests of your child. It is better if you maintained a record of your children’s life about events which affect them, like visiting with the other parent, grandparents, doctor’s appointment, school activities, family and religious activities, medical appointments and counseling dates, etc. You should support your position, by keeping notes with you regarding,

1. Parent’s Home: This factors determines whether you can provide good surroundings and adequate shelter for your children, the size of the house, neighborhood, availability of help and babysitters, hospitals, bathrooms, bedrooms, etc. play a significant role in determining the best one for the child. Though not an important point, it does help make a good impression.

2. New Relationships: This is a comparatively irrelevant factor in determining Child Custody cases, the court will consider this factor if only the relationship makes any impact on the child’s well being. If the new relationship does not play any important relationship then this point will not be relevant to determination of Child custody.

3. Status Quo: It is an important factor in determining custody case, if a child’s parents reside in different districts, it in unlikely that the court will order to change the residence during the academic year, especially if the child is being properly brought up. If you want a change in status quo, you will be required to furnish a strong reason for this. A good example would be an issue with the current conditions unsafe for the child.

4. Child’s Preference: A child’s preference is not considered by the court since the court will not give a child to make a decision for himself, however this might not be the case if the child happens to be a teenager and possess enough power to think and evaluate position.

5. Parent’s Availability: Full time parenting has an advantage over working full time for supporting oneself. However, the court might not deter from giving you the custody only because you need to work to support yourself and your child.

These are just a few things to consider while preparing for your Child Custody case.

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Preparation for Child Custody Court Ordered Mediation

In cases where it is child custody is contested, family lawyers therapists and mediators can help get parents in this difficult situations, it is necessary that the plan developed is child centered so that their children’s interests are taken care of.

Most of the cases can be solved through a mediator, it might be a private one or someone sent by the court, if the couple is unable to reach a plan in the process of mediation next process that they could enter into is evaluation. Mediation takes place for 90 minutes in court-assigned cases, however, in order to have full discussion this time limit can be extended further. In case of private cases there is not time pressure.

Mediators help collect complete information about each parent and organize this information in a useful way. During mediation all history of both the parents is extremely useful. All aspects including childhood, past divorces, past history, parent’s history, parents’ martial status, siblings, relations with siblings, history of crime, domestic violence, etc. are also taken into consideration. You as a parent must be prepared to show yourself in the best possible light.

Mediators and evaluators look for red flags, which mean that there are certain details like dates etc. which do not match among both the clients. Mediators and evaluators then may challenge the dates and timelines. The more each can see with one another’s perspective, the more constructively proceedings will take place.

In order to be successful in presenting actual parenting plan, mediators and evaluators should try to make their clients understand that they should present themselves to be reasonable, articulate and flexible parents and that they should not in anyway disturb the court in anyway while proceedings are on.

At the time of evaluation, you should conduct a safety check on your clients. You have to inspect their homes and see whether things are generally in place. All the residents of the home should make themselves available for the interview and guests should leave within 10 minutes of arrival of the evaluator. Evaluator can ask for references of people you know, it would be better if you can furnish these immediately.

Plans that are not well thought off might turn out to be red flags, so preparing for evaluation in advance is necessary. There are special considerations offered by courts in cases where there is a history regarding domestic violence, abuse, etc.

Therefore, it is required that solid preparations are carried out for the purpose of mediation and evaluation, these can bring success. The client will not make any mistakes since the level of confidence would be higher. These tips will go a long way in maximizing chances of success in mediation and evaluation.

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