How Do My Ex-Spouse and I Get Joint Custody of Our Children?
If you and your ex agree that you should share joint custody of your children, what can often be one of the toughest parts of a custody arrangement is already settled.
→ Read MoreChild Custody Case Procedure
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How to Respond to a Request for a Child Visitation Modification
If you have received a petition for a child visitation modification from your child’s parent, you will need to respond quickly. Unless you agree with the petition to modify child custody, you will need to file a response to the petition that may include a form that you can get from the court where the petition was filed and a ‘declaration’ which will let the court know the facts of the case and evidence that it will need to make a ruling. You will need to convince the court that changing the visitation schedule as requested by the other parent is not in the ‘best interests’ of the children.
→ Read MoreWhere to File Your Child Custody Case
Every child custody case begins with filing a petition and paying a filing fee with the local clerk of the court. Before you turn over money for a filing fee, make sure you have located the proper court in the proper jurisdiction. As a general rule, most states require child custody cases to be filed in the county or parish where the child resides. You should file your child custody case in a district or family law court.
→ Read MoreMediation in a Child Custody Case: Preparation Goes Along Way
Mediation in any marital dissolution (divorce) or paternity action may be required where child custody or visitation is at issue. The purpose of mandatory mediation is to encourage parents to work out agreements regarding child custody issues, hopefully saving children from contentious legal battles.
→ Read MoreChild Custody and Visitation: How to Show “Best Interests of the Child”
In an initial child custody order, a request for a change from temporary to permanent custody, or in a petition for a modification of child visitation, the parent requesting custody or the change must show that their request is in the ‘best interests of the child.
→ Read MoreHow to Change Your Child Visitation Schedule
Use the information in this article to learn the steps you need to take if you have a child visitation or custody agreement that you want to change.
→ Read MoreIf I do not like an existing child custody agreement, can I file for custody in another state?
If you do not like the custody agreement that you have in place, filing for custody in another state probably won’t be an option. While in the past it was possible for parents to take a custody agreement to different jurisdictions while looking for a favorable judge, today this has been prevented by legislation called the Uniform Child Custody Jurisdiction and Enforcement Act, or UCCJEA.
→ Read MoreChild Custody Litigation
Child custody litigation described from beginning to end, starting with the filing of the intial petition to the judges decision.
→ Read MoreHow to Prepare for a Child Custody Mediation
To relieve some of the effects of difficult child custody battles, more courts are encouraging parents to use programs called alternative dispute resolution (ADR)to deal with child custody disagreements. The main ADR program used in child custody cases is mediation. The results of your mediation can influence or even determine the outcome of your child custody case, so you should always take time to prepare for the discussions that will take place there.
→ Read MoreDigging up the Dirt: How to Use Discovery to Gather Evidence in Your Child Custody Case
You will be responsible for gathering evidence to present in a child custody case, so take the time to educate yourself about the process and find out what type of evidence you need to prepare before you go to court.
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