Legal custody via Mediation

Is there a predetermined checklist of sorts that would give would ample and sufficient reason to be able to pursue and have the leverage to attain full legal custody of children? This is for a future mediation proceeding. In other words, if spouse 1 has done “a, b, and c” and spouse 2 is overall in great standing than spouse 2 could expect to receive full legal custody.

No, there is no checklist or standardized facts pertaining to the award of legal custody. Each custody case and the award of legal custody is very fact-specific and varies from case to case.

Generally, unless a parent is deemed unfit to be a parent or some other extenuating circumstance applies, then you can expect joint legal custody to some degree.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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