Child Custody Questions: Answers To Frequently Asked Questions
If you are seeking custody of your child or children
, you may have some questions about the process, and about how custody is awarded. The best thing you can do is arm yourself with knowledge ahead of time, and prepare for your custody case as fully as possible. Here are some frequently asked questions about child custody and their answers.Q. If parents are separated but not yet officially divorced, how is custody handled? A. Depending on where you live, an official divorce decree can take months, or even years. In the case of a drawn out divorce battle, due to either state laws, or the size and scope of the divorce case, a temporary child custody arrangement is worked out by the court.
Q. What is temporary custody, and why do I want it? A. Temporary child custody is often "temporary" in name only. Officially, the temporary arrangement is made to create a secure environment for the child in question, and to lay down a court ordered schedule of custody and visitation. Temporary arrangements often become permanent, though, if they seem to be working in the best interests of the children involved. Approach any temporary custody case like the decision will be permanent, as it likely will become a permanent arrangement as your divorce progresses.
Q. Where do I start? A. There is an overwhelming amount of information to take in when you want to initiate a child custody case. At the very least, you should learn about the types of arrangements available to you, and seek the advice of a family law attorney before proceeding. You should start this process during temporary custody.
Q. Do I have to hire a lawyer? A. You do not have to hire a lawyer, but there are some benefits. A local attorney will be familiar with the court system and local laws governing procedure and custody, hiring an attorney will show the court how seriously you take the proceedings, and that you are willing to invest financially in your custody fight, an attorney can file your paperwork for you, and speak on your behalf, an attorney can walk you through the process if you are called to testify in court, an attorney can help you determine the likely outcome of your case, and help you get the arrangement you want.
If you choose not to hire an attorney, at least meet with one to get advice on how to proceed. There may be a small fee involved, but the advice you receive will save you time, money, and trouble in the long run.
Q. How does the child custody process work? A. If you have a lawyer, many of the following steps will be done for you. In general, child custody arrangements are made in the following manner: child custody papers are filed by one parent or the other, a court date is set, and parents are urged to make their own agreement and present it to the court (if they can't they may be ordered to mediation), the custody case is heard in family court, the custody case is decided, both sides receive copies of the official child custody orders, the agreement is made into a legal document, and can only be modified by the family court.
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