How To File For Child Custody Before Divorce

By Ines Flores


Planning ahead before the divorce hearing is important. However, in some cases, one of the parents may decide to take care of the kid involved. Normally, this is taken care of by the separation agreement which may be informal. This may not always be the case as there are many cases where the couples do not agree. As such, the interested parent may decide to file for temporary child custody before divorce. This can be done to seek a temporary order for child care before the process of separation is complete.

Normally, there are a number of situations that can make the child custody and the parenting time become an issue. However, the most common cases include when the previously married couples are in the process of filing for a legal separation or a divorce, when there is a court action that involves domestic abuse or a paternity issue and when the kid is in custody of a third party. In some cases, the kid may be involved in the "child need of protective services (CHIPS)" case or the case of juvenile delinquency.

In some cases, the kid may be living with a third party. This could be the legal guardian or the grandparents. Lastly, it is common in the case of juvenile delinquency or when the kid concerned is involved in "child need of protective service (CHIPS)".

The sample of this order is usually available in the office of the court clerk. The order requires that the basic demographic information focusing on the family matters like the names, date of births, and addresses or provided. Secondly, the specification in regards to whether it is a joint or sole custody must also be given.

Normally, it is easy to find a sample of this order in the office of the court clerk. In this order, the basic demographic information that is required includes the names, addresses, and the date of births of the family members. There are several other details that may be required, but this is not difficult to obtain. In addition to this, you need to specify whether it is joint or sole custody you are filing for.

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.




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