No one wants to think about the potential for their relationship with their child’s other parent breaking down. However, if you find yourself in the middle of a child custody dispute, it is important to know your rights and options. This blog post will provide an overview of such custody law and will offer some practical tips for working through the process.
Grounds for Child Custody
There are two types of child custody: legal custody and physical custody. Legal custody refers to the right to make decisions about the child’s welfare, including decisions about education, religion, and medical care. Physical custody refers to where the child will live.
Different Kinds of Custody
Custody can be awarded to one parent or both parents. If both parents are awarded joint legal and physical custody, this is known as joint custody. If one parent is awarded primary physical custody and both parents share legal custody, this is known as sole physical custody. In joint custody arrangements, the child will typically spend equal time with each parent. In sole physical custody arrangements, the child will typically live with one parent most of the time, with the other parent having scheduled visits.
Child Custody Disputes
If you are involved in such a custody dispute, the first step is to try to reach an agreement with the other parent outside of court. If you are able to come to an agreement, you can submit a parenting plan to the court for approval. If you are not able to come to an agreement, you will need to go through the court process.
How to Start the Court Process
To begin the court process, either parent can file a motion asking for temporary custody while the case is pending. Once the motion is filed, there will be a hearing at which both parents can present evidence and testify about why they should have custody of the child. The judge will then make a decision about who should have temporary custody of the child until a final decision is made.
Primary Custody
After the temporary custody arrangement has been decided, both parents will participate in discovery, which is when each side gathers evidence to support their case. This may include gathering financial records, witnesses statements, and character references. Once discovery is completed, there will be another hearing at which each side can present their evidence and testify about why they should have primary custody of the child. The judge will then make a decision about who should have primary custody of the child.
Working through such custody dispute can be a difficult and emotional process. However, by familiarizing yourself with the law and taking things one step at a time, it is possible to get through it. If you find yourself in the middle of a such custody dispute, contact a family law lawyer today for more information about how they can help you protect your rights and interests.
