How important is the ability of parents to communicate with one another?

Before there is a court order, who has custody? What factors does a court consider in making a custody decision? Do mothers have an advantage in custody proceedings?

NOTICE: None of these questions and answers constitute legal advice. To obtain legal advice, consult with an attorney. This is especially important in divorce and family law matters, in which outcomes are often peculiar to the particular facts and circumstances of the case.

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Question: How important is the ability of parents to communicate with one another?

Answer: learly the most important factor in deciding joint legal custody is the capacity of the parents to communicate and to reach shared decisions affecting the child’s welfare. Indeed, joint custody should not be awarded in the absence of a record of mature conduct on the part of the parents evidencing an ability to effectively communicate with each other concerning the best interest of the child, and then only when it is possible to make a finding of a strong potential for such conduct in the future.

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