In the case of a pending divorce, the also so many things running in your mind and you might forget some steps before the final hearing. It is common to forget about the kid until during the hearing. However, it can be a good idea to file for the child custody before divorce. It becomes an important issue when there is no agreement between the two parents or when the two are not in the talking terms with each other. It gives each side an opportunity to present their case before a judge who then grants a temporary custody to either of the sides depending on who convince the court.
There are several situations that may force either of the parents to file for custody. In most cases, it comes about when the parents that were previously living together separate and are in the process of a divorce. In some cases, there might be paternity issues or even when the case of domestic abuse finds its way to the court.
It all starts by drafting a petition for a temporary guardianship. In the case where there has no any single paperwork filed in regards to the separation, it is advisable to prepare a temporary custody order. This then allows you to start a new case in the court.
Regardless of the reason, the process is more or less the same. The interested parent should take the first step by drafting the petition for a temporary custody in case the separation case is about. However, if no previous paperwork had been presented to the court, the temporary custody order should be filed first as it allows the new case to start in court.
In order to strengthen your request, the supporting documents have to be presented. Generally, these are the documents that demonstrate to the court that can be able to meet the physical and the emotional needs of the kid before he/she can be handed to you.
After the petition is filed, it is required that you serve your spouse with the same petition. There are many ways in which this can be done depending on your jurisdiction. The most common method is delivering the petition by hand to the spouse through the services of a process server. Certified emails can also be used in many jurisdictions.
The next step after filing is serving the petition to the other party. This is the other parent and can be served in different ways depending on your jurisdiction. The most common way is to hand-deliver the petition to them through a process server. It can also be done through a certified email in most jurisdictions.
Once the date of hearing has been set, all the sides are heard. The judge gets an opportunity to review the petition, way all the matters, and hears the testimony from all those who matters. A decision is then made favoring one side. This is delivered in a written order that also explain why the decision has been reached. In this process, a very good lawyer experienced in divorce matters can help you win the case.
There are several situations that may force either of the parents to file for custody. In most cases, it comes about when the parents that were previously living together separate and are in the process of a divorce. In some cases, there might be paternity issues or even when the case of domestic abuse finds its way to the court.
It all starts by drafting a petition for a temporary guardianship. In the case where there has no any single paperwork filed in regards to the separation, it is advisable to prepare a temporary custody order. This then allows you to start a new case in the court.
Regardless of the reason, the process is more or less the same. The interested parent should take the first step by drafting the petition for a temporary custody in case the separation case is about. However, if no previous paperwork had been presented to the court, the temporary custody order should be filed first as it allows the new case to start in court.
In order to strengthen your request, the supporting documents have to be presented. Generally, these are the documents that demonstrate to the court that can be able to meet the physical and the emotional needs of the kid before he/she can be handed to you.
After the petition is filed, it is required that you serve your spouse with the same petition. There are many ways in which this can be done depending on your jurisdiction. The most common method is delivering the petition by hand to the spouse through the services of a process server. Certified emails can also be used in many jurisdictions.
The next step after filing is serving the petition to the other party. This is the other parent and can be served in different ways depending on your jurisdiction. The most common way is to hand-deliver the petition to them through a process server. It can also be done through a certified email in most jurisdictions.
Once the date of hearing has been set, all the sides are heard. The judge gets an opportunity to review the petition, way all the matters, and hears the testimony from all those who matters. A decision is then made favoring one side. This is delivered in a written order that also explain why the decision has been reached. In this process, a very good lawyer experienced in divorce matters can help you win the case.
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