Definition Child Custody - deals with the living arrangements and the legal decision- making concerning a minor child.
Application in Divorce See also Custody - Legal; Custody - Physical.

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Questions & Answers
Can my spouse and I specify our child custody arrangement in our separation agreement?
For the most part, you may. Be aware that some states do not allow separation agreements regarding the issues of child custody. Other states require an additional agreement concerning custody, which is called “parenting plan agreements." In most cases you are permitted to outline the custody arrangements in the separation agreement and have the agreement incorporate or merge the parenting agreement, which further address the custody details.
What if we cannot agree on our child custody arrangement?
The court will decide for you. You should try to work it out. Negotiation is always better than imposition. If you leave it up to the court to decide, you are including the element of surprise. You can never tell what a judge may decide and you may discover that it is neither what you, your spouse, or your child(ren) desire. No one understands your family better than you and/or your spouse, so to leave the decision(s) up to a judge is often a regrettable option.

Helpful Tips & Facts
  1. Settlement is always best
    In child custody, settlement is always the best for all involved. Studies have shown that parties that settle their case usually obey the court orders more and feel more positive about the legal process in general (as opposed to a Judge in a black robe micromanaging their lives). So, I would suggest to those of you who are planning to stage a custody "battle," to attempt to settle their cases via mediation rather than spending their children’s tuition to the best of colleges on non stop litigation. I am not suggesting to give up--but to try and compromise for your children’s sake.
Additional Resources
Custody Considerations
Fighting over custody can be one of the most stressful and taxing events for you and your children because it causes such incredible emotional intensity and angst. That stress is not only felt among the parents, but also in your children whose fate is being decided, which can leave them with long lasting emotional scars.
How to Fight the Custody Battle
For many reasons, communities and judges react differently to fault testimony. Their reaction depends on many factors. Perhaps the community is conservative or there has been a great deal of publicity about a recent child-abuse case.
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