No matter how long you’ve been working on your custody situation–if you are just barely filing for divorce, or if you’ve been working on this for years–every person dealing with a custody situation needs to know the basics of custody court. You may not ever even step foot in a courtroom–and hopefully your child custody case can be resolved another way–but it doesn’t hurt to acquaint yourself with the proceedings of custody court so that you can be prepared just in case you do end up there. To get you started, here are the basics of child custody court.
People go to child custody court when their custody dispute cannot be settled out-of-court. So, if mediation, meeting with attorney’s, or sitting down and talking doesn’t resolve your custody dispute, then you should prepare to go to court. Custody court is also called family court. The court is actually the county or district branch of your state court where the petition for divorce was filed.
Usually a singe judge presides over the court and makes a decision regarding the case–but either parent has the right to request a jury if they choose. In the court the attorney’s (or parents, if they represent themselves) present the evidence and arguments that are related to child custody and visitation and the agreement that they want the judge to accept. The attorney’s will present documents and generally both of the spouses, and sometimes the children, will testify.
The judge decides things like: if one parent will have sole custody or if the parents will have joint custody, the amount of time that the children will spend with each parent, how much child support will be paid, and what stipulations accompany the custody agreement (like, if both parents agree to go to counseling, or agree to take a parenting class). The judge will base the decision on what is in the child’s best interest. If the child is older (usually older than 7) than the judge will listen to what the child has to say, usually talking to the child in private.
Most of the people in custody court are divorced parents. However, if unmarried parents have a custody dispute they can also go to family court. There have also been cases of grandparents going to custody court to ensure that they get to see their grandchildren. Basically, any person who can be involved in a custody dispute can go to custody court.
Generally people can resolve their custody issues out-of-court. But, it’s necessary to know the basics of custody court so you know all of the resources that you have concerning your child custody situation. Having the basic knowledge will help you know what you can do to prepare for court, or what you can do to avoid going to court.
Learn more about preparing for child custody court and other important child custody information.
Article Source: Child Custody Court: Knowing the Basic Information
Original: Divorce Advice For Men
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