Divorce can be extremely difficult especially when children are involved. When the parents cannot agree on a custody arrangement for the children, often times a third party will be forced to step in to resolve the issue of custody. If you are facing a divorce and have minor children, you need to retain a Lowell divorce attorney to assist you with your divorce proceedings.
Settling Custody Disputes
In many divorce cases, the parties involved eventually agree on a custody arrangement for their minor children. An agreement can be met without any involvement from the court and with no third party interference. As long as the agreement does not violate any laws, the court will honor it and the parties will be legally required to abide by whatever custody terms were agreed upon. If you are involved in a custody dispute, you should discuss your case with a Lowell divorce attorney. While your attorney cannot guarantee that all of your terms will be met, he or she can help ensure that your rights as a parent remain protected and that you do not enter into an agreement that would threaten your child’s safety or would interfere with your ability to play an active role in your minor child’s life.
When Mediation Is Not Enough
In especially contentious cases, parties may not be able to agree on a custody arrangement. If this happens, then the court may be forced to intervene. In some cases the court will assign a guardian ad litem to the custody case. The guardian ad litem will be tasked with the responsibility of observing the child and his or her surroundings and making a report to the court as to what custody arrangement they believe will be in the best interest of the child. The guardian ad litem’s findings are not binding, however, judges often heavily rely on this information.
Some jurisdictions may also order the parents of the minor child to undergo a psychological evaluation. The results of the evaluation will be used to assist the judge in making a custody determination. This does not happen often and many judges agree that psychological evaluations are not always necessary in standard custody disputes. However if a party does undergo a psychological evaluation those results will be admissible in court and can have a detrimental impact on the case.
Employing the use of a guardian ad litem or a psychological evaluation are just two of the tools courts use to help in making custody determinations. While these tools can be useful, they are not perfect. No one understands the needs of a child better than the parent and if it is at all possible for the parents to work together to reach a settlement, the parties should consider doing so. If there are any issues you feel that would impact your ability to share custody with the other parent, be sure to discuss them with your Lowell divorce attorney.
Contact our Lowell Divorce Lawyer
If you are involved in a custody dispute contact the Law Office of Bruce A. Gage at (978) 384-1078 or (877) 829-0831 to discuss your case with our Lowell divorce attorney.