No matter how long you’ve been working on your custody situation—whether you’re just barely filing for divorce, or whether you’ve been working on that for years—every person dealing with a custody situation needs to know the basic custody court details. You can not ever set foot in a courtroom — and hopefully the child custody case can be settled another way — but it doesn’t hurt to become acquainted with the custody court process so you can be informed just in case you end up there. Below are the fundamentals of child custody trial, to get you started. view publisher site
Families go to court for child custody when a conflict over custody can not be resolved out of court. Therefore, if the custody issue is not settled by mediation, consulting with lawyers, or sitting down and talking, then you should be prepared to go to court. Custody court is sometimes referred to as family court. The court is usually the State court’s county or district branch where the divorce case was filed. A singe judge usually presides over the court and makes a decision about the case — but any parent has the right to apply for a jury if they want. During trial, the attorney’s (or guardians, whether they represent themselves) present the evidence and claims related to child custody and visits, and the arrangement they want the judge to consider. The attorney’s will bring papers, and will usually testify to all the parents, and sometimes the children.
The judge determines things like: whether one parent is in sole custody, or if the parents are in joint custody, how much time the children spend with each parent, how much child care should be charged, and what stipulations follow the custody arrangement (like whether both parents choose to go to therapy, or agree to take a parenting class). The judge must base the decision on what is in the best interest of the kid. If the child is older (usually older than 7) then the judge must listen to what the child has to say, generally speaking privately with the child.
Many individuals in the court of custody are divorced parents. Nevertheless, if single parents have a fight over custody, they can go to the family court too. There have even been reports of grandparents going to custody court to make sure their grandchildren get to see them. Basically, someone who may get embroiled in a custody conflict will go to the court of custody.