CHILD CUSTODY CASES
By admin | December 12, 2007
Child custody cases are not always handled the same way. Depending on the circumstances of the divorce is what will determine the procedure followed by the courts. There are three ways the courts may handle child custody cases and make a decision; at the time of the filing, within a few weeks, or at the time of trial.
If both parties in a divorce can both come to an agreement on the child, visitation, and what is best for the child, then the child custody cases go much quicker in court. The courts want to see the parents come to an agreement and they encourage the parents to get along and they encourage giving the parents joint custody in all cases if they can.
If the parents cannot come to an agreement then there are three things that can happen with child custody cases. The judge may make a decision at the time of filing, within a few weeks of filing, or at the time of trial.
If one of the parent’s has filed a restraining order against the other parent or there is proof of a history of domestic violence with one of the parents or any type of abuse, the judge will make an immediate decision at the time of filing for divorce. This is because the courts want to ensure the safety of the child at all times. That is the most important decision. The judge will change their mind later, but up front they want to be sure the child is safe.
A judge may make a decision within a few weeks of filing in child custody cases at the hearing or application for the order showing cause. This is the parent showing cause that the child should be with them and who is more stable and can provide the best for the home.
A judge may wait until the time of trial to make a final decision in child custody cases if it is difficult to see which parent is more fit, and more.
Judges make decisions in child custody cases differently and they usually depend on the circumstances and if the parents are getting along.
Related Links:
Child and Custody
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