Custody cases are complicated and it is important to find an experienced lawyer like Attorney Connie J. Merwine, to help with your case.

Most custody cases are resolved by way of Custody Conciliation Conferences. A Custody Conciliation Conference is an informal meeting with the attorneys retained by the parents and the Conciliator.

The Conciliator is essentially a mediator who will try to produce an amicable outcome and issue his or her recommendation per the terms of your agreement. If the parties are unable to agree, the job of the Conciliator is to review both sides and recommend a custody schedule that he or she feels is in the best interest of the child. In some cases a Custody Conciliation Conference does not resolve the issues.

If this is the case, a Hearing before a Judge will be scheduled. A variety of evaluations and much preparation goes into a Custody Hearing. However, the general rule is to arrive at an outcome that is in "the best interest of the child."

Child custody can get complicated. Connie Merwine is experienced and will help you navigate through this process.

Examples of factors that a judge might look at when determining "best interest of the child" are:

  * The emotional, social, moral, material, and educational needs of the child

  * The home environments offered by each party

  * The interpersonal relationship between the child and each parent

  * The preference of the child, if the child is old and mature enough

  * History of domestic violence

  * Safety of the child

SOME COMMON TERMS:

Legal Custody - the right to make major decisions affecting the best interest of a minor child, including but not limited to: medical, religious and educational decisions.

Physical Custody - determines the actual, physical possession and control of a child such that the custodial parent would live with the child and care for daily physical, mental and emotional well-being.

Sole Legal Custody - when one parent is awarded sole legal custody, that parent makes all decisions regarding the health, education and welfare of the child (and the other parent has no input on these decisions).

Sole Physical Custody - when one parent is given sole physical custody, the child remains with him/her and the other parent is excluded from having physical custody of the child (typically when the other parent has abused or neglected the child).

Custodial Parent - The party having physical custody of a child on a day-to-day basis. This parent generally lives with the child and provides the child to the other parent based upon the agreed upon or ordered schedule.

Non-Custodial Parent - The party having physical custody of a child on a schedule but does not generally live with the child and care for the child on a day-to-day basis.

If you would like more information about Child Custody, email Connie Merwine or call her at 570-992-2109.