Sometimes, parents can amicably work out child custody issues without having to involve the courts. Obviously, in a perfect world this would be the way all custody issues were resolved. However, we don’t live in a perfect world. For this reason child custody court is in place. The first step in proceeding with a child custody case is for the parent, who would like to sue for custody, to file a motion with the court. Once that has been done, notice will be sent to the other parent and they will be given the chance to respond, at which point an initial hearing will be set.

Often, a child custody court will order that parents go before a mediator to discuss ways in which they might come to an amicable decision regarding the children, prior to setting an actual hearing. Essentially, this allows the parents the opportunity to discuss, in a controlled setting, issues involving the custody of their children, without having to go through child custody court. If no progress is made during mediation and neither parent can agree, the case will go before the judge and the courts will begin the process of deciding the custody of the child/children.

The courts will generally look at everything that can directly affect the child/children. This means that job stability, home life, and just about every other related factor will be examined. The courts main focus will be on what situation would benefit the child the most. If either parent has had a history of domestic violence or other related charge, this may effect the courts ruling. In addition, detrimental behaviors such as drug and alcohol abuse on either parents part will also be an area of consideration. Depending on the age of your child, and the state you live in, there is also a possibility the judge will want to speak with your child regarding which parent he/she would like to live with. Once the judge has all of the facts, he/she will decide which parent custody will be awarded to.

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