This is how the court determines custody.
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First, I want to stress that it’s always better if the parties can determine for themselves what is best for their children; as the parents, you should know better than anyone what is in their best interests and what things are important in their lives. I highly encourage you to try to come up with something that works best for you and your family before involving the courts.
In the event that you’re unable to reach an agreement, the court will look at what’s likely to be in the children’s best interests—and yes, that’s just as broad as it sounds. They’ll factor in where the children go to school, what sporting events or extracurricular activities they’re involved in, and how far apart the parties would be living from each other. The court’s goal is to encourage frequent and continuous contact with both parties.
The court will try to come up with some form of an agreement that works for both parties, and as you can tell already, nobody knows what that agreement will be; when you go into court, you do so blindly. So, again, since you won’t know what the court will order, it’s important that you first try your hardest to find a solution outside of court.
"Try to come up with something that works best
for you and your family before involving the courts."
Before appearing in court, you’ll be directed to participate in what we call mediation, a preliminary attempt to come up with the custodial schedule that works best for you and your family. In mediation, you will have a say as to what will happen to your children, so there are no surprises there.
Typically, we see an array of custodial agreements and, naturally, what works for a 5-month-old baby may be vastly different than what works for a 5-year-old. There’s no cookie-cutter arrangement, nor should there be.
I hope you found this video helpful. If you have further questions on this or any other related subject, please feel free to reach out to me. I encourage you to review our other topics on our YouTube channel and visit our website.