In case there is no other option other than divorcing, there are a number of things to plan ahead of the hearing. In situations where a separation agreement was not prepared and there is no agreement between the couples in relation to matters such as child care arrangements, then the need to file for temporary child custody before divorce. Once the petition is filed, then you have the opportunity to present your case to the judge who then gives direction in regards to the case presented.
Need to seek the temporary custody of the minor can be brought about by many situations. The common ones include when the parents are in the process or intent to start the process of a divorce or a legal separation. The presence of a court action that relates to the child's paternity or domestic abuse may also necessitate this. The other situation is one the kid is under the care of a third party, such as the grandparents or a legal guardian. Sometimes, the "child need of protective services (CHIPS)" or the juvenile delinquency situations may also call for this decision.
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.
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.
This is then followed by the date of hearing. Once the petition is filed with the court, the clerk normally assigns the hearing date. On this day, the petitioner and the spouse have the opportunity to make their case and convince the judge to take their side. The judge then reviews the petition, hears testimony from all the parties that matter and then make a determination. This is then followed by a written order that outlines the decision and the reason behind it.
However, in order to be on the safe side, it is advisable to seek the services of a lawyer experienced in the divorce cases. In many ways, having a lawyer that fully understands these issues can make the whole difference as they know what is required to win the case.
Need to seek the temporary custody of the minor can be brought about by many situations. The common ones include when the parents are in the process or intent to start the process of a divorce or a legal separation. The presence of a court action that relates to the child's paternity or domestic abuse may also necessitate this. The other situation is one the kid is under the care of a third party, such as the grandparents or a legal guardian. Sometimes, the "child need of protective services (CHIPS)" or the juvenile delinquency situations may also call for this decision.
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.
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.
This is then followed by the date of hearing. Once the petition is filed with the court, the clerk normally assigns the hearing date. On this day, the petitioner and the spouse have the opportunity to make their case and convince the judge to take their side. The judge then reviews the petition, hears testimony from all the parties that matter and then make a determination. This is then followed by a written order that outlines the decision and the reason behind it.
However, in order to be on the safe side, it is advisable to seek the services of a lawyer experienced in the divorce cases. In many ways, having a lawyer that fully understands these issues can make the whole difference as they know what is required to win the case.
About the Author:
You can visit childcustodyonlineinfo.com for more helpful information about How To File For Child Custody Before Divorce.
No comments:
Post a Comment