Child Custody 101

Most couples who are going through divorce proceedings will have one other thing to settle aside from their separation - child custody. With this, you will expect a lot of worries, especially by those who are going through the process for the first time. But for those who have been through a similar set of experiences from a past marriage, this may not feel the pressure all that much. For someone who is divorcing for the first time and trying to settle the issue of child custody, this can be a worrisome experience.

You may be anxious about the mere thought of your children not living with you or, worse, having them live with your soon-to-be ex who may be completely unfit to do parenting roles at least, in your most honest opinion when you are in this kind of situation. You might want to read and understand what to expect to help ease your worries and clear the clouds in your head.

With this, there are two types of arrangements that are possible when parents vie for custody of their children through an alternative dispute resolution technique or a family court judge ruling. What the ADR really is, is that it resolve the issue of children going with which parent, usually through a mediator, lawyers and mediators. With this one, what comes out of the mediation is an out-of-court settlement where the parents decide between themselves where the children live or if they are to live alternately between the homes of each parent, if the children live with one parent and the other will have visitation rights, the schedule of visits, etc. When the couples are able to agree without needing a court order, parents can make do with an ADR.

If the parents fail to agree between themselves, even with the presence of a mediator, a court judge will make a child custody ruling always. Once the judge has decided, this becomes a court order and will, thus, have to be followed by the parents, otherwise they face legal sanctions. Judge has to consider so many factors such as the best interest of the kids, their own preference, and which parent is fitter to take on parenting roles with a higher degree of responsibility before he or she decides which custody the child or children will fall.

Since ADR is flexible, this serves as a great advantage. This method have guidelines governing this type of arrangement, the parents can randomly agree between themselves when they need to bend some rules from time to time. The disadvantage when it comes to this type is when one parent demands too much from the other in terms of visitation rights and similar issues. When it comes to the child custody court ruling, the custody is explicitly stated and legal sanctions await any parent who does not conform to the court order's provisions.