Imagine how frustrating it would be for a child to see his parents accusing each other of the most insane allegations to satisfy their respective egos. Parents betake the law of child custody litigation as the judge will sort the case considering all factors and the child’s best interest. Litigation refers to the situation in which the parents don’t agree upon certain terms and conditions, and they move to the court to have a judge make a significant determination. The advantages of litigation are given as follows:
- If any parent is not satisfied with the outcome of a child custody case, he/she can choose to appeal.
- In case physical and emotional abuse is involved, litigation would be an appropriate option.
Some kinds of child custody cases are resolved by mediation. Mediation refers to the alternative way to settle the dispute. The mediator meets with both parties to determine the best outcome, but he doesn’t have the legal power to enforce the result. In this way, parents agree upon certain conditions to bring settlement.
How Long May It Take To Decide On Child Custody?
The duration of child custody proceedings is difficult to predict as it is in the best interest of the child. This duration is affected by numerous factors like how busy the court is, where the custody battle is held, on what grounds it is sought, and many more.
About Joint Custody
Custody litigation, parental alienation, and equal shared parenting cases are effectively sorted in family courts. The term “joint custody” is the new legal terminology encountered when the parents ultimately choose to split their relationship. From a legal and practical perspective, joint custody is about sharing parental responsibility. It is completely different from sole custody, in which only one parent is authorized for the child’s wellbeing. In joint custody, both parents are involved in the upbringing of the child. Sharing of physical and legal custody comes in this category. The family court finds it appropriate to award joint custody depending upon certain terms and conditions that will be conducive for the best interest of the child.
People are less familiar with physical and legal custody, but they have huge significance for the health and wealth of children. In physical custody, the child can typically move to the residences of both parents. When it comes to legal custody, courts grant consent to the mother and father to be involved in the making of major decisions affecting the child’s future. Other aspects like religious education, schooling, vocational studies, healthcare, extracurricular activities are also involved in it. If any parent is debarred from the decision-making process, the other parent could be held in contempt of court.
Battling over a child custody case is not simple for a parent. It will be very much advised to get a qualified law firm like Latham & Watkins LLP to assist throughout the proceedings. The lawyer will help you to obtain the best possible result for the welfare of both the child and parents. Also, he/she will ensure appropriate arrangements for it.