Once you have finally decided to throw cautions into the wind and focus on your goal of getting your child under your care, then this is the best time to file for a child custody case. But, before doing so, make sure that you are knowledgeable on child custody issues so you will know what to do when you are faced with specific situations.
When you feel that you basically know the details and the process of a child custody case, then now is the time for the much awaited instance—filing for the child custody case. Basically, filing for child custody requires filling out so many forms that the local family court can provide you. Once you get hold of these forms, you can ask the court personnel to assist you in filing them.
Next, you need to get in touch with a lawyer whose expertise is on Family Law so you will have an idea about the entire process and you can also get basic information on costs as well as possible results. You might also want to ask how the lawyer plans to handle the case. Once you heard all these from the lawyer, you can decide if you choose to hire lawyer’s services or handle this on your own.
Then, you should find a copy of the State’s requirements on child custody cases. Having a copy of this book in your possession will serve as your guide all throughout the process. (TIP: Get a copy from Sourcebooks as well as in Nolo Press that regularly publish state-specific books and also visit Findlaw.com if you need more and updated pieces of information regarding the child custody laws of the state that you belong to.)
Aside from reading books and visiting online sites that offer free information on child custody cases, it would be advisable to talk to somebody—an immediate family member, a friend or a neighbor—who went through the same things. By talking to these people, you will have an idea what are the things that you should and should not do. You can also get first hand tips on what you should expect before, during and after the child custody case.
The next important step in filing for a child custody case is finding a court in the county that you are in that are fit to handle various custody cases which is the “family court.” You can find a simple list from the government guide usually listed down on the phone book. For those who still don’t know which court they should call, they may ask the county clerk's office or even the people in the local area such as the mayor’s clerk since they know which courts accept child custody cases.
Once you have found the right court to handle the child custody case, then you can call the office and inquire what the requirement for a child custody petition are. Usually the one who will answer your call will just ask you to drop by the court and pick up the forms needed for the filing.
Child Custody Related Articles
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- Child Custody – Some Questions and Answers
- Child Custody And The Unmarried Couple
- Child Custody Rights Explained
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- Understanding Child Custody Laws: A Brief Guide for Divorced Parents
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What are the different child custody options that are available to divorcing or separating parents? The types of custody that parents can choose from depend on the state where they live and the specific situation of their child. Generally, there are five types of custody: physical custody, legal custody, sole custody, joint custody, and bird's nest custody.
Physical Custody
If you have physical custody over your child, you have the right to have your child physically live with you. In some states, joint physical custody of a child is allowed. In that case, you and your ex-spouse have equal amounts of time for custody of your child. Physical custody is a good option since it allows you and your ex-spouse to spend a maximum amount of time with your child. However, this type of custody will work only if you and your ex-spouse live near each other. To prevent conflict from affecting your child, you and the other parent should have a cordial and workable relationship.
Legal Custody
This custody option gives you the right and responsibility to decide about the upbringing of your child. Legal custody means you can decide for your child in terms of healthcare, schooling, and religious upbringing. Most states allow parents to have joint legal custody of their children, so both parents can make decisions involving the child. The only problem with legal custody is that conflicts and misunderstandings may arise when the upbringing principles of parents clash. This conflict can be detrimental to their child.
Sole Custody
As the term suggests, sole custody gives custodial rights to only one parent while the other parent’s rights is limited only to visiting the child. This arrangement is used when the child may be harmed in one parent’s home. Among all types of child custody, sole custody is the least disruptive to the child. Because of the very limited interaction of one of the parents to the child, this type of custody may lead to conflict between parents.
Joint Custody
This arrangement is used when parents agree to share decision-making rights over their child’s upbringing. Usually, parents agree to coordinate their schedules so that joint custody will work. Sometimes, a court orders the parents to do it. Joint custody of a child may be joint physical custody, joint legal custody, or both.
Children of divorcing parents benefit from joint custody because they are guaranteed of continuous involvement and contact of both parents. This type of custody also lessens the burden of child rearing to each parent. However, it can be a disadvantage because children have to be moved often from one parent’s house to another parent’s house, and this setup can be costly.
Bird's Nest Custody
In this type of child custody, the child still lives in the family home while the parents take turns moving in and out. Although this arrangement is not disruptive for the child, it can cause problems for parents, particularly in decision-making. This will work only if parents have other places to live during off days.
Child Custody Related Articles
- Being Strong During Child Custody Case
- Best Interests of the Child: The Key to Deciding Child Custody Cases
- Child Custody – Some Questions and Answers
- Child Custody And The Unmarried Couple
- Child Custody Rights Explained
- Child Custody Rights Of Mothers And Fathers
- Effective Tips to Win Your Child Custody Battle
- How the Courts Resolve Child Custody Disputes
- How To Cope After Losing A Child Custody Case
- How To File For A Child Custody Case
- Making Sure You Get Child Custody
- Preparing For A Child Custody Case
- Temporary Child Custody
- Tips for Helping Your Children Cope with Child Custody Battles
- Tips on Filing for Child Custody
- Treatments Options For Anxiety After Losing A Child Custody Case
- Types Of Child Custody
- Understanding Child Custody Laws: A Brief Guide for Divorced Parents
- Various Child Custody Options: Guide for Divorcing Parents
- What Are The Effects Of Child Custody Cases On Children
- What are Your Child Custody Rights as a Father?
- What Is Child Custody?
- What To Do When You Lose A Child Custody Case
- What You Need to Know about Temporary Child Custody
- Winning Child Custody Cases