Helping To Understand Child Custody Laws
Once you and your spouse become involved in a divorce action
, and you have children, it is important to have a full understanding of the child custody laws as they might apply to your personal situation. Custody laws establish both the rights and obligations of the non-custodial and custodial parent. Trying to understand these laws can be difficult, so here are some general principles that may be of help to you during this process. If you have an understanding of what is involved in the custody process, it may allow you minimize the impact the situation will have on your children.Determine Which Court Has Jurisdiction in Your Case
The process must start with an understanding of the custody laws that apply to your situation. Custody laws are set by the States, so it is important to know which State's laws apply in your case, if one spouse has moved to another state. One example of this disparity is seen in the case of a custodial parent who fails to follow the visitation rules set by the court in a custody case. In some States, the non-custodial parent must file a lawsuit against the custodial parent. In other States, the non-custodial parent can ask that a warrant be served against the custodial parent.
The court which has jurisdiction in a case does not automatically change if the custodial parent moves the children to another State. For example, if a custody ruling was established by a court in Florida, and the custodial parent then moves with the children to Arkansas, The Florida court is still the court of jurisdiction in the case. This can, however, be changed by a mutual request from both parents.
Look for Support From Support Groups
Figuring out which laws apply in your situation is just the first step in the process. You may be able to find a great deal of help in understanding the details of your case by seeking help from support groups that are in your area. One example of such a group is the Children's Rights Council, which is organized in most, if not all, States. Locate the one nearest you by using an Internet Search Engine. If you join the CRC, you may be eligible to receive legal advice from lawyers who provide help for members of the organization, and can help you to understand your rights and obligations in the custody system. There are also support groups that provide help for single fathers and mothers as well.
Make Use of Resources That Are Available on the Internet
Resources that are available on the Internet can help you to determine how the custody laws in your jurisdiction have been applied to past cases which are similar in nature to your own. Online research may also provide ideas and suggestions that you may find useful if your spouse is not complying with the conditions of the custody ruling in your case, following it's disposition. You will also find a variety of guides and e-books which are available, and can provide a rich source of information that you can use. It is important, however, to be certain that the author, or authors, of any such guide are truly qualified to provide such advice.
A divorce, with the attendant custody struggle, is almost always going to turn out to be one of the most difficult times of your life. Still, many divorced parents find a way to make the custody arrangements something that ultimately works to the best interests of their children. While you and your former partner or former spouse are no longer living under the same roof, you can, and definitely should, make certain that your children receive the love, attention, and care that they need from both of you. Having a firm grasp of the custody laws that apply to your case will always be very useful tool in the event that there are any future disagreements about the children's situation.
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