Whether you are a parent or a close relative of a child, getting custody will always be dependent on the family court. This can be a difficult phase for everyone involved emotionally.
However, the decisions would be made in accordance with the child’s welfare, whether both the parents accept it or not.
Even if both the parents have made the decision on custody, this needs to be agreed upon by the court too. So, if you are involved in any child custody dispute, you need to get in touch with a good attorney. They can help in getting the matter settled at the earliest.
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Here are some steps that you can take to get your child’s custody:
1. Agree to settle on the child’s custody out of the court initially. Both the parents can come to terms with an informal negotiation and make a custody arrangement and a parenting plan. Once both of them agree, they can get it in writing by making a settlement agreement or a custody agreement. If the court feels it is for the benefit of the kid, they will approve it.
2. Make use of an Alternative Dispute Resolution (ADR) for making a decision on this custody problem. This is when you want to avoid a courtroom showdown but both the parents are required to work together. This can be helpful to get into a decision by a compromise done by both the parties rather than fighting over being a winner or a loser. Here a mediator will play an important role to arrive at a conclusion so that it will be beneficial for the kid.
3. Once the agreement is done between both parties, they will go to further draft a parenting agreement. This will involve the courtroom in giving their inputs before a final agreement is made. This needs to be signed by both parties and the court will discuss it during the hearings. After asking several questions to both the parents, the court will finalize the agreement and will decide who will get the custody.
How is filing for custody done?
Whenever there is an unfortunate decision like a divorce, your attorney will always cover the matters relating to the baby born to you or adopted by you. This will include the details related to custody, visitation, and support. So, before you even file a petition, you need to explain to the court why would they have to give child custody to you, especially when you are not even the primary caretaker.
What is the process of filing for custody?
The first step here is to fill up the application form and follow the procedure mentioned in the family court of the area where the child is living. So, when you have settled things out of the court then you wouldn’t need an attorney to fight for you. All the procedures would be explained to you by the court clerks. After this, the court will set up the hearing date.
This hearing is the day when the court will give his final decision about child custody.