One way child custody can be set in a divorce is by the judge making a decision of what child custody arrangement would be best after the parties have litigated the issue. However, this certainly isn’t the only way.
The main alternative is for the divorcing parties to negotiate a child custody agreement. There are many reasons why a divorcing individual might find this route preferable to litigation.
For one, divorcing parents will generally have a greater level of control over the process and what the child custody arrangement will end up looking like when they work out an agreement rather than having a judge sort the matter out. Given the massive effects child custody arrangements have on both parents and children, such control is something parents may very much want to keep.
Also, litigation could increase the amount of time, costs and stress that go along with resolving child custody issues. Going the negotiation path could help a couple steer clear of such added undesirable things.
Given this, the option of negotiating child custody matters is one of the options a parent may want to look into when getting divorced.
Now, not all child custody matters are able to be resolved through negotiation. Sometimes, couples reach an impasse in their efforts to reach a workable child custody agreement. When this occurs, having the right litigation strategy can be important for a divorcing parent when it comes to protecting their rights and the best interests of their children.
This is why being represented by a divorce attorney skilled at both negotiation and litigation can be so important for a divorcing individual when it comes to matters of child custody.