Which Parent Gets Child Custody? A Detailed Guide By Experienced Child Custody Attorney In San Bernardino

When two married adults decide that they no longer wish to stay together, this decision doesn’t only affect them, but it also severely affects their children. As family meetings turn into child custody arguments, parents need to give priority to the wishes and needs of their children. Parenting roles and decisions play a huge part in determining which parent gets the primary child custody. While some parents think that such private decisions must be taken amicably by working out a plan amongst themselves, some require court intervention. When the court gets involved, only an experienced Child Support Attorney in San Bernardino can help parents receive a satisfactory judgment in court.

Mediation

Before the court decides to take matters into their own hands, they provide the parents a chance to mediate the negotiations. The objective of a mediation process is to come up with a legal custody arrangement that satisfies both parties. If the parents under the supervision of a court-appointed mediator and with the guidance of a top Child Custody Attorney in San Bernardino can come to a mutual agreement, there is no need to go to a family law court to assess the child custody agreement. With fair negotiation, both parties can come to a satisfactory conclusion. But, if the mediation process does not work out, the child custody case goes to court. Litigation can be expensive, so it is better for parents to come to a final decision during the mediation process.

Control Given to the Court

Once a child custody case goes to trial, parents lose all control of the situation. They will be required to abide by whatever the judge and the jury deem fair (they can appeal the judge’s decision but for the time being their decision stands). In most cases, courts decide to devise a shared custody plan. In such cases, parents have to share parenting responsibilities equally.

Shared Responsibilities

In some cases, the jury may give one primary parent custodianship. In such cases, the other parent is given visitation rights. Only in extreme cases do we see the court forbidding a parent from any contact with his/her child. It is the duty of both the parents’ Child Custody Attorney in San Bernardino to present their cases appropriately in court so that the jury can have access to all the facts.

Determining the Best Interests of the Children

The primary objective of the custody trial procedure is to determine the best interests of the children. The court will evaluate each child’s relationship with the parents. They will assess the family dynamics, the child’s community involvement (for instance, the child may be closer to his paternal relatives), and, most importantly, the parent’s ability to be responsible caretakers. The physical/psychological health of each parent will be duly assessed. Parents must ask their Child Support Attorney in San Bernardino to set up interviews with top mental health professionals so that their mental health can be properly evaluated. Only after assessing all financial documents, witness testimonies, and relationship dynamics of the child, the court makes a conclusive decision. To read more Click Here

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