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Shared Parenting
Child Custody Orders and Judicial Authority
By Child Custody Coach
Published: February 12, 2007
For many divorced and separated parents with children, there is a common answer as to why they ended
up with the child custody and visitation arrangement they have: “the judge decided it.” In other words, the
judge chose the parenting arrangement based on his or her belief of what was in the child’s best interest.
Judges do not always make the child custody decision or choose the parenting plan arrangement. In fact,
more often than not, the judge will not make the child custody decision for the parents. It is usually when
the parents are unable to reach an agreement on child custody that a judge will choose the parenting
arrangement for them. If the judge makes the child custody decision for the parents, it is often referred to
as a final judicial order or judgment on child custody.
Parents typically know what’s best for their children, including decisions about child custody and visitation.
The difficulty for the parents is often the inability to separate their own emotions and wishes from the
needs of their child. Parents are typically given the greatest amount of flexibility in choosing a parenting
plan that reflects the best interest of their child. However, when the parents are unable to come to an
agreement on child custody and visitation, a judge will often handle the task of making the decision about
child custody and will have a tremendous amount of leeway in choosing a parenting plan. This leaves vast
room for a judge’s interpretation of what is in a child’s best interest and often leads to somewhat arbitrary
judicial decisions regarding child custody and visitation.
When the court or judge chooses a parenting plan for the parents, it will usually result in one or both
parents being disappointed or feeling a sense of loss. Typically, one parent feels as though he or she
“won” child custody while the other parent feels that he or she “lost” child custody. It’s also not uncommon
that both parents are disappointed with the decision of a court or judge. It is rarely the case that both
parents feel like they won when the court or judge makes the child custody decision.
To avoid an arbitrary decision made by the court, you would be wise to learn more about how child custody
decisions are made and the laws in your particular state. How judges have ruled in the past and what
influences his or her decisions is information that will be helpful to you. Additionally, you will want to explore
alternative dispute resolution options such as child custody mediation, collaborative law, and arbitration. If
you are seeking legal advice on how to proceed with your child custody case, you can consult a family law
attorney in your area who spends a significant amount of time representing clients on child custody
matters.
By Child Custody Coach
Published: February 12, 2007
For many divorced and separated parents with children, there is a common answer as to why they ended
up with the child custody and visitation arrangement they have: “the judge decided it.” In other words, the
judge chose the parenting arrangement based on his or her belief of what was in the child’s best interest.
Judges do not always make the child custody decision or choose the parenting plan arrangement. In fact,
more often than not, the judge will not make the child custody decision for the parents. It is usually when
the parents are unable to reach an agreement on child custody that a judge will choose the parenting
arrangement for them. If the judge makes the child custody decision for the parents, it is often referred to
as a final judicial order or judgment on child custody.
Parents typically know what’s best for their children, including decisions about child custody and visitation.
The difficulty for the parents is often the inability to separate their own emotions and wishes from the
needs of their child. Parents are typically given the greatest amount of flexibility in choosing a parenting
plan that reflects the best interest of their child. However, when the parents are unable to come to an
agreement on child custody and visitation, a judge will often handle the task of making the decision about
child custody and will have a tremendous amount of leeway in choosing a parenting plan. This leaves vast
room for a judge’s interpretation of what is in a child’s best interest and often leads to somewhat arbitrary
judicial decisions regarding child custody and visitation.
When the court or judge chooses a parenting plan for the parents, it will usually result in one or both
parents being disappointed or feeling a sense of loss. Typically, one parent feels as though he or she
“won” child custody while the other parent feels that he or she “lost” child custody. It’s also not uncommon
that both parents are disappointed with the decision of a court or judge. It is rarely the case that both
parents feel like they won when the court or judge makes the child custody decision.
To avoid an arbitrary decision made by the court, you would be wise to learn more about how child custody
decisions are made and the laws in your particular state. How judges have ruled in the past and what
influences his or her decisions is information that will be helpful to you. Additionally, you will want to explore
alternative dispute resolution options such as child custody mediation, collaborative law, and arbitration. If
you are seeking legal advice on how to proceed with your child custody case, you can consult a family law
attorney in your area who spends a significant amount of time representing clients on child custody
matters.
Disclaimer: BS Kids LLC legal research and information has been prepared for educational and informational purposes only. This material is not legal advice or legal
opinions on any specific matters. Transmission of the information is not intended to create and receipt does not constitute a lawyer-client relationship between BS Kids
LLC , the author of the information and any other legal publisher. Customers of BS Kids should not act upon this information without seeking professional counsel. The
opinions expressed in the material presented to BS Kids clientele is based on information found in legal publications. BS Kids LLC, 78 Canterberry Court, Hudson, NH
03051 781-756-1214.
opinions on any specific matters. Transmission of the information is not intended to create and receipt does not constitute a lawyer-client relationship between BS Kids
LLC , the author of the information and any other legal publisher. Customers of BS Kids should not act upon this information without seeking professional counsel. The
opinions expressed in the material presented to BS Kids clientele is based on information found in legal publications. BS Kids LLC, 78 Canterberry Court, Hudson, NH
03051 781-756-1214.
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