How to Get Custody?

If there are children from the marriage, the divorcing spouse has to deal with the issue of who gets custody of the children. The spouses can either resolve the issue out of court or reach an agreement or can resolve the issue through litigation. This section provides information on how the child custody issues are resolved in a divorce. Please click on the links to know more:

  • Getting Custody FAQ : Answers to frequently asked questions about which factors a court will consider when awarding custody of a child; suggestions for parents who are seeking custody; and related questions.
  • Child Custody Mediation FAQ : Answers to frequently asked child custody mediation questions, such as the costs and benefits of the mediation process; options for mediation between two adversarial parents; and more.
  • Parenting Agreements : Overview of parenting agreements, drafted by parents through out-of-court negotiations, that stipulate where a child will live primarily; where the child will spend certain holidays; and how disputes are settled.
  • How Custody Decisions are Made : Basics of how courts decide how divorced or unmarried parents get custody of their child, typically based on a determination of the child’s best interests.
  • Working Together to Resolve Custody : Various options for determining the custody of a child outside of the court room, such as settling through informal negotiations; collaboration; mediation; and other forms of alternative dispute resolution.
  • Custody Considerations: Step-By-Step : A step-by-step guide to help parents through the child custody process, with considerations such as determining the type of custody sought; whether the court will make the final decision; and more.

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