Prior to any Order To Show Cause Regarding Custody, a mediation appointment between the parties is required. Mediation is confidential, and the negotiations in mediation are not allowed to be shared with the Court. A trained mediator will listen to your needs and help the parties negotiate to create an appropriate schedule for your children. If the parties come to an agreement, the mediator will write it up and then your attorney can request that it become a court order.

In the event that the parties cannot reach an agreement, the parties will attend their hearing and present evidence to the court. The court will then determine what is in the child's best interest and rule accordingly.

The court determines legal and physical custody based on the best interest of the child. Most often, frequent and continuing contact with both parents is considered to be in a child's best interest.