How does child custody work and why hire Lee Rosenthal Attorney at Law as your child custody attorney in Columbus, Ohio?
One of the most stressful and challenging issues surrounding a divorce or legal separation is a child custody dispute. A good first step in making sure the process is handled in a way that will benefit you is consulting with an experienced lawyer. However, it is still important to know about the process.
Types of child custody
Child custody cases involve two initial determinations. The first issue is who is to have legal custody of the child. Legal custody identifies the parent who will be responsible for making major decisions for the child, such as those involving heath care and education of the child. Legal custody can be allocated to both parents. This is called shared parenting. Some people refer to this by its former designation, joint custody.
The second issue is the parenting schedule for the child, i.e. when will the child reside with each parent? The schedule can vary widely from case to case, and is dependent upon numerous factors involving the parents and child, including but not limited to, the work and school schedules of the parents and child, physical distance between the homes of the parents and the wishes and desires of the child (in certain circumstances).
Child support is addressed following the determination of legal custody and the parenting schedule.
The process
Generally, the first step in any custody case is to try to reach an agreement between the parties. This can occur following mediation by a mediator employed by the court, or by a private mediator chosen by the parities. A neutral third-party mediator, at the mediation session, will meet both parents with the hope of forming a mutually agreed upon visitation schedule.
If there is lack of an agreement, then the case will go to a custody trial. During the trial, each party must present evidence that supports their side of the case. They must also follow the rules of civil procedure, rules of evidence and the local rules.
Complications in custody cases are the result of issues such as military deployment, out of state residence, non-traditional work schedules, child abuse allegations and domestic violence.
It is crucial that a person is organized and prepared as they present their case in court. Even if they do not have a lawyer, they will be required to comply with all comi rules. A judge is not allowed to help any individual present their case. Once the judge has reviewed all the evidence, he or she will issue a custody ruling. People should stay focused on their goals regard less of whether their case goes to trial or settles out of court. Any individual how needs further information should consult with an experienced and professional child custody lawyer. In Columbus, Ohio Lee Rosenthal Attorney at Law is the best for the task.