The Step To Follow In Filing Child Custody Before Divorce

By Ines Flores


Planning ahead before the divorce hearing is important. However, in some cases, one of the parents may decide to take care of the kid involved. Normally, this is taken care of by the separation agreement which may be informal. This may not always be the case as there are many cases where the couples do not agree. As such, the interested parent may decide to file for temporary child custody before divorce. This can be done to seek a temporary order for child care before the process of separation is complete.

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.

In some cases, the kid may be living with a third party. This could be the legal guardian or the grandparents. Lastly, it is common in the case of juvenile delinquency or when the kid concerned is involved in "child need of protective service (CHIPS)".

The sample of this order is usually available in the office of the court clerk. The order requires that the basic demographic information focusing on the family matters like the names, date of births, and addresses or provided. Secondly, the specification in regards to whether it is a joint or sole custody must also be given.

Normally, it is easy to find a sample of this order in the office of the court clerk. In this order, the basic demographic information that is required includes the names, addresses, and the date of births of the family members. There are several other details that may be required, but this is not difficult to obtain. In addition to this, you need to specify whether it is joint or sole custody you are filing for.

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.

Once this is done, the court clerk sets a hearing date when both sides get an opportunity to make their case. The judge may also hear the side of any other related party before weighing the matters and making the final determination. Through a written order, the judge gives an order and state the reasons for the same.

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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