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February 3, 2008
In Divorce: Welfare of minor children is important
Putting your past behind you and putting your children first is generally the best way to go into negotiations over child custody and parenting time. A very good overview of how the court system handles custody proceedings can be found here. This article is written by an attorney in North Carolina and specifically refers to how cases are handled there, however most states generally handle custody cases in a similar manner. The article notes that parents should give special consideration to handing decisions over custody and visitation (or parenting time) over to the Court noting that:
“The parents are then voluntarily turning custody issues over to a judge, who, though well-intentioned, has no personal knowledge about the child.”
This should be something that parent’s are hesitant to do. Do you really want someone who doesn’t know your child or your family dynamic, however well intentioned they may be, making decisions about where your child with live and how much time they will spend with each of you?
The article further notes that:
“If the court does have to decide, the factors are numerous and diverse just as are the acts of parenthood itself. The court will consider all of those things that might impinge on the development of the child’s physical, mental, emotional, moral and spiritual faculties. The court will consider each parent’s caretaking abilities. The court will consider the child’s bonding with each parent and with other siblings. The weight, however, that the court may put on any of these factors is within the judge’s prerogative.”
Parents should consider mediation as a way to work out a plan for their family that will be best for each member of their family.
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