Negotiating child custody after a divorce requires you and your partner to put aside your differences and determine what’s best for your kids. You need to decide on both physical and legal custody — who the child lives with versus who makes decisions about their welfare, like what school they will attend. To prepare for the process, educate yourself with some basic information; this guide can get you started.

Child Custody FAQ

What Happens If You Move Out & Leave Your Children With Your Spouse?

Doing this before any kind of agreement has been reached can threaten your chances of gaining child custody in the long run. If you have to leave — for instance, because you are in danger — it’s best to take the kids with you and immediately file for temporary custody and child support with the courts.

Are Moms More Likely to Get Custody?

Although it was once more common, this is by no means the norm now. The mother is only preferred in custody disputes where the child is still a baby — for instance, requiring regular breastfeeding.

How Is Custody Decided?

Many factors are considered, such as each parents’ work schedule, financial stability, emotional well-being, and housing situation. If the kids are of a certain age — usually at least 13 — the courts may also ask their opinion. Each case presents unique factors that are specific to every family.

How Is Visitation Arranged?

If one parent receives sole physical custody of the children, the other parent can seek visitation rights. The courts may require you to draw up a detailed parenting plan, describing when, for how long, and where such visits will occur. Although this may take time to get used it, it will allow the children to have structure during a time of change.

Should You Seek Mediation to Decide Child Custody?

If you can, avoid taking your custody dispute to court — where it will only drag out and may take a nasty tone. Mediation is more cost-efficient. In mediation, a neutral third party facilitates conversations to help you come to an agreement. Sometimes, even in mediation, emotions take over.  Mediators are accustom to that.  Until you go to court, nothing is cast in stone.  Even after there are court orders, custody and parenting time is always modifiable.

Need help negotiating child custody agreements? Trust The Law Office and Mediation Center of Jeannine M. Talbot. This family law and divorce lawyer has been serving Torrington, CT, and the surrounding Litchfield County area for over 20 years. Attorney Jeannine offers traditional litigation as well as mediation, always hoping to help families reach peaceful conclusions with minimal emotional stress for all involved. Find out more about her services online. For a free consultation, call (860) 482-9004.