When getting divorced, you know that you need to split up child custody rights. This includes legal custody and physical custody of the child. It is common for parents to share joint custody, but it is also possible for one parent to have sole custody.
In any case, as you explore your options, you may be worried that a judge is simply going to rule on when you get to see your own child. This feels like giving up far too much control over your own life and your own family. Is this always what happens? Does the judge decide your family’s future?
Using mediation
A judge may have to rule if you and your ex can’t come to an agreement and you have to litigate the divorce. After all, state child custody laws must be followed. If both you and your ex want sole custody, it is impossible to give you both what you want, so the judge will seek a compromise.
But you also have the option to use mediation. If you do, then you and your spouse will work with a mediator to find your own solution and create a parenting plan and child custody arrangement. This does have to adhere to state law and needs the court to approve it, but you have more control or agency over the decisions and you get to decide what your future will look like.
The divorce process
Whether you are going through litigation or mediation, just be sure that you understand all of your legal rights during a divorce. If things become contentious, especially when they pertain to child custody rights and property division, it may help to have the guidance of an experienced legal team.