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.
It all starts by drafting a petition. However, if no document had been filed previously in relation to the impending divorce, a temporary order for custody should be filed instead. It is the order that allows you to file 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.
The support documents also need to be presented to make the case very strong. The documents that may be helpful for the purpose or those that target to demonstrate to the court that you are in a good position to meet all the physical and the emotional demands of the kid.
After filing the petition, the rules of the court require that you serve the same for your spouse. The method used to file and serve the spouse may be different from one jurisdiction to the other. Most jurisdictions, however, require that the petition is hand delivered to the spouse through a process server. However, a certified email is also acceptable in some 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.
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. However, if no document had been filed previously in relation to the impending divorce, a temporary order for custody should be filed instead. It is the order that allows you to file 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.
The support documents also need to be presented to make the case very strong. The documents that may be helpful for the purpose or those that target to demonstrate to the court that you are in a good position to meet all the physical and the emotional demands of the kid.
After filing the petition, the rules of the court require that you serve the same for your spouse. The method used to file and serve the spouse may be different from one jurisdiction to the other. Most jurisdictions, however, require that the petition is hand delivered to the spouse through a process server. However, a certified email is also acceptable in some 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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