- A court first needs to establish jurisdiction and make sure they are the correct court to make a decision. Â This can often be a substantial (although non- substantive) part of the process.
- The first decision is legal and physical custody. Â Legal custody is decision making and legal parenting rights. Do you jointly make decisions on medical, education and religion or does one of you have sole rights? Â Physical custody outlines the parenting time with each parent.
- There is a presumption that both parents have a meaningful role in making decisions and regular contact with the children.
- All other elements of parenting are based on the best interests of the children. Â This is an in depth analysis that considers the developmental stage of the children, Â safety, Â and common values of the family.
- Some particular challenges in custody and parenting can be: Â domestic abuse, Â chemical dependency, Â high conflict, Â special needs of the child, Â reunification with an absent parent, Â and temporary plans with revision.
- It is rare for a child to testify in court or be asked for their opinion on parenting.
A collaborative process is a different paradigm but clients have the same legal rights as parties in court. Â Know what the law is and what a court may do and then make well informed decisions. A good collaborative attorney can help in this journey.