How to Divorce -- Child Custody

Determining Custody

  

      Child custody laws are complex and require expertise if there is a dispute over who should have custody of a child.   The court considers all relevant factors in applying child custody laws, some of which include:

•  The relationship of the child with his/her parents, siblings and any other person who may significantly affect the child; 
•  The mental and physical status of all individuals involved; 
•  Whether the parent is willing and can care for the child; 
•  How a parent respects the parental rights of the other parent; 
•  Each parent's adherence to a parenting time schedule; 
•  The suitability of parenting plans submitted by each party; 
•  How close the parent's live to each other or the child's school; and
•  The willingness and ability of each parent to cooperate.

In order to assist the court in applying child custody laws, the parties typically should engage the services of a child custody evaluator.  Costs for the child custody evaluator are usually split between the parties and a settlement conference is held with the evaluator.  Child custody evaluators generally cost between $3,000 to $10,000.   At the settlement conference with the child custody evaluator, the parties review the evaluator's  recommendations and determine whether the child custody issue can be settled.  If the issues is not settled, the parties proceed to a trial where the child custody evaluator may be called to testify and explain to the court the child custody evaluator's recommendations.