How Courts Determine Child Custody
The most important factor in any custody decision is the best interest of the child. Here's how NVC courts evaluate custody arrangements.
Best Interest Standard
NVC courts consider multiple factors including:
- Each parent's relationship with the child - Each parent's ability to provide stability - The child's adjustment to home, school, and community - The physical and mental health of all parties - Any history of domestic violence - The child's preference (if old enough)
Types of Custody
Legal custody: The right to make major decisions about the child's education, healthcare, and religious upbringing.
Physical custody: Where the child lives day-to-day.
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What Courts Want to See
Courts favor parents who: - Encourage the child's relationship with the other parent - Provide consistent, stable routines - Prioritize the child's needs over their own - Cooperate in co-parenting
Our Approach
We help our clients present the strongest possible case for custody while always keeping the child's wellbeing at the center of every decision.
This article is general information only and does not constitute legal advice.
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What Happens Next: Family Law
Here is what the process looks like, step by step.
Initial Consultation
Day 1Share your situation honestly. Bring financial records, existing court orders, and any relevant communications if available.
We listen, assess your situation, explain your rights, and outline a realistic strategy. We discuss custody, assets, and timeline expectations.
Filing & Temporary Orders
Weeks 1–4Gather financial documents — tax returns, bank statements, retirement accounts. Continue your normal routine with the children.
We draft and file the petition. If needed, we seek temporary custody, support, or protective orders to stabilize the situation immediately.
Discovery & Financial Analysis
Months 1–4Respond to document requests. Be thorough and honest — hidden assets always surface and damage credibility.
We conduct formal discovery, subpoena financial records, retain forensic accountants if needed, and build a complete picture of the marital estate.
Negotiation & Mediation
Months 4–8Participate in mediation with an open mind. Know your priorities — we'll fight for what matters most to you.
We negotiate custody, support, and property division. In NVC, mediation is required before trial. Most cases resolve here — we ensure the terms protect your future.
Final Agreement or Trial
Months 8–14Review the final agreement carefully with us. Once signed, the terms are binding. If we go to trial, we prepare you for testimony.
We finalize the settlement agreement or present your case at trial. We handle all post-decree filings and ensure the order is properly entered.