Common Problems to Consider During Child Custody Negotiations

Child Custody Issues Discussed During Negotiations

Around 50 percent of all American children experience the divorce of a parent, which can sometimes be amicable when it is uncontested. When you are getting ready to file for a divorce and are attempting to reach an agreement with your spouse about the custody of your child, there are issues that will invariably come up during the negotiations. Knowing more about the types of issues discussed during these negotiations may help you avoid a lengthy divorce process.

Primary Issues Discussed During Child Custody Negotiations

Child custody involves many complexities. Although the issue may seem simple at first glance, there are numerous points that could come up during a discussion. The main aspect of child custody is determining where the child should live after the divorce has been finalized. Spouses will often discuss whether any custody changes will occur from one of them relocating. While the primary living situation might be simple to resolve, holiday visitation is another issue that’s also commonly brought up during these negotiations.
Some of the additional concerns that are often discussed during child custody negotiations include:

  • How the child’s health will be taken care
  • The kind of discipline with which the child will be provided
  • Education requirements
  • Child care arrangements
  • How the child will be raised in regard to religion

These discussions are highly individualized and differ based on the situations of the child and parents, which is why there is any number of additional topics that may be addressed.

What to Consider When Creating a Parenting Schedule

The main portion of a custody agreement concerns the parenting schedule, which is something that both spouses create before the divorce is finalized. This schedule is usually highly detailed and incorporates many of the points and issues that were mentioned previously. Although most of the decision-making regarding child custody is left up to the parents, there are times when New Jersey laws can play a part in certain visitation rights or custody agreements, which is something with which a child custody lawyer will be able to comprehend fully.

While the scheduling aspect of child custody agreements is commonly created from general conversations between the two spouses, the mediation process is also used on occasion. Mediation refers to the act of having a third party negotiate the child custody agreement on behalf of the spouses. This mediator is supposed to come up with solutions to problems that arise during the negotiations. There are reasons why you might want to consider this option, and they can be discussed with your lawyer.

Questions That a Child Custody Lawyer Is Commonly Asked

There are several questions that a child custody attorney is commonly asked before or during the negotiations. You might want to be more informed about the child custody negotiations before going through one. Many spouses inquire about what happens if it’s impossible to reach an agreement during mediation or standard negotiations for child custody. Since a contested divorce differs substantially from an uncontested one, being unable to reach an agreement can drastically change the process. Many spouses plan to remarry following the conclusion of the divorce, which is a type of situation that brings with it a large number of questions.

There are also several types of child custody that spouses typically want to know more about before starting on the negotiations. The main types of custody are sole and joint custody, the latter involving both of the parents having legal responsibilities for the child. Sole custody places all of the responsibilities of raising a child with one parent. It is also possible that third-party custody will be considered, although this option is rare. Joint custody is the most common option when parenting agreements are made.

If you have any questions about child custody and what it means for your situation, contact our child custody lawyer in Hackensack, NJ, by calling (201) 343-0078 or emailing

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