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Custody
When it comes to matter of a marriage dissolution, the most critical, and emotion-packed, area is that of child custody. Disputes often range on both side and extended families and grand-parents are often in the mix.
Regardless of how highly charged the issue, it is the Court who is customarily charged with determining what is in the best interest of the child. In any contest between two parents, the outcome is always determined by what is in the best interest of the child, whether primary residence is the be with the mother, or with father, and what contact the child should have with the non-primary custodial parent.
Both parties are encouraged to find a solution that is in the best interest of the child and the Court will generally ask to first consider the status quo. Both parties may establish times and methods of shared-parenting with the end result for the child's best interest. The Court will generally assume that the pattern of conduct and sharing entertained and practiced by the parents prior to filing for divorce is at least a valid starting point. Although the pattern previously established may not be perfect, and may need adjustment, the Court feels safe in adopting that plan because it is a plan which the parents have tacitly, if not expressly, previous agreed upon.
Often times, for good reason or bad, psychological evaluations and more in depth studies are asked to be conducted. In the case of a psychological evaluation the evaluator submits the parents and sometimes child(ren) to a series of psychological tests and clinical observations. The initial determination is to seek whether either parent suffers from any psychological dysfunction. The psychologist will also look into the history of the child's life and the parenting plan that has existed over time, again, giving the most weight to the more recent effective parenting plan. Only if there is a valid reason and a substantial basis for dramatic change, will a psychologist recommend anything other than the more recent successful parenting plan.
In addition, the Superior Court provides a mandatory mediation service which assists all parents who have a dispute regarding custody and visitation. Attorneys are generally not allowed to be present during the custody and visitation mediation when conducted through the auspicious of the Superior Court. An attorney's involvement in the process is to assist the parent in becoming ready for the mediation appointment and focused on the best interest of the child(ren). An experienced attorney can be of great assistance in the preparation for the mediation conference. Yet, the attorney's true contribution will be in formalizing any agreements reached and/or litigating any dispute unresolved through the mediation process.
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