Sara R. Harvey Divorce Law Blog on Lawyers.com

If you are involved in a child custody battle you will first have the option of mediation. During mediation you and the other party will have the opportunity to come to a mutual agreement regarding custody. However, if you cannot come to an agreement then you both will later appear in court where the judge will make a decision regarding guardianship.

The judge will weigh several factors when deciding custody.

Type of Custody

The judge will first ask both parties what type of custody they each would prefer. In some states, such as Hawaii, the judge will ask the children whom they prefer to have custody.

Monetary Situation

The judge will also need proof of salary and the monetary of each party, ensuring that children will not be placed below poverty levels.

Amount of Time

Does each parent have the available time to be there for the child?

Physical, Mental, Emotional Well-Being

Is both or either parent mentally and emotionally stable to raise the child? Are they physically able to?

Joint Custody

If joint custody is an option then the judge will ensure that both parties can maturely work together to raise the child, due to the fact that more interaction will be involved. Usually in joint custody both parties have legal custody of the children and therefore must make legal decisions for the children.

The judge ultimately wants to find out if the children are safe and can be properly provided for in either or both of these homes. The judge will then present the decision to the parties. If either party disagrees with the resolution they can file an objection for an appeal.

The Law Office of Sara R. Harvey, child custody attorneys in Hawaii, supplied this article, 866-637-1598, www.saraharvey.com.