Custody disputes can be emotionally draining, especially if you're in the midst of a divorce. Most custody cases are complex and require expert advice. These are some of the most common ways your custody dispute will be settled and what to expect.

Guardian Ad Litem

During a custody case, it's common for the court to assign a guardian ad litem or for the parents to hire one. This person will interview both parties and speak with the child. They aim to let the courts know what is in the child's best interest.

Status Quo

Many states have a status quo. Some states are still considered “mother states” and often give custody to the mother. However, many states are now placing parents on equal ground, and their status quo is a shared parenting arrangement. Shared parenting arrangements are common when parents live close enough that the child can attend the same school.

Mutual Agreement

If both parents mutually agree on a custody arrangement, the judge will usually order that to be the custody agreement. According to Legal Jobs, 51% of the time, parents agree that the mother should have custody. These cases may require mediation to agree on holiday visitation or other visitation arrangements.

Negotiations

Often, negotiations take place outside the courtroom. These involve both parties sitting down to compromise on custody, child support, visitation, and anything else that will be part of the custody agreement. If both parents can reach an agreement, that's encouraged. Family lawyers can serve as mediators and help draft a custody agreement.

Court Litigation

When two parties cannot agree on a custody arrangement or parenting plan, they head to court. In this situation, both parties will present their case to the judge. They may also present arguments against the other person's case. Then, the judge will decide what they feel is in the child's best interest. The judge will consider a stable environment, the parent's relationship with the child, and more.

Custody arrangements are not permanent. As situations change, modifications can be made. Family lawyers can help guide you through the complex court system, draft legal documents, and mediate during negotiations. Here at South Atlanta Family Law Firm, we have a team of family lawyers to help you settle your custody dispute. Contact us today!