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.
There are several situations that may force either of the parents to file for custody. In most cases, it comes about when the parents that were previously living together separate and are in the process of a divorce. In some cases, there might be paternity issues or even when the case of domestic abuse finds its way to the court.
It all starts by drafting a petition. However, if no document had been filed previously in relation to the impending divorce, a temporary order for custody should be filed instead. It is the order that allows you to file a new case in the court.
The sample of this order can be obtained from the court clerk in your jurisdiction. Some of the information required for this relates to the demographic information. The names, addresses, and date of births are just a few of the information that may be required. In addition to this, the nature of demand, as to whether it is a sole custody or a joint one must also be specified.
In order to strengthen your request, the supporting documents have to be presented. Generally, these are the documents that demonstrate to the court that can be able to meet the physical and the emotional needs of the kid before he/she can be handed to you.
The case can be made stronger by providing the supporting documents. These are the documents that prove that you are not only willing and able to provide for all the physical needs and the emotional support, but you are also in a position to meet the same.
Once this is done, the court clerk sets a hearing date when both sides get an opportunity to make their case. The judge may also hear the side of any other related party before weighing the matters and making the final determination. Through a written order, the judge gives an order and state the reasons for the same.
Once the date of hearing has been set, all the sides are heard. The judge gets an opportunity to review the petition, way all the matters, and hears the testimony from all those who matters. A decision is then made favoring one side. This is delivered in a written order that also explain why the decision has been reached. In this process, a very good lawyer experienced in divorce matters can help you win the case.
There are several situations that may force either of the parents to file for custody. In most cases, it comes about when the parents that were previously living together separate and are in the process of a divorce. In some cases, there might be paternity issues or even when the case of domestic abuse finds its way to the court.
It all starts by drafting a petition. However, if no document had been filed previously in relation to the impending divorce, a temporary order for custody should be filed instead. It is the order that allows you to file a new case in the court.
The sample of this order can be obtained from the court clerk in your jurisdiction. Some of the information required for this relates to the demographic information. The names, addresses, and date of births are just a few of the information that may be required. In addition to this, the nature of demand, as to whether it is a sole custody or a joint one must also be specified.
In order to strengthen your request, the supporting documents have to be presented. Generally, these are the documents that demonstrate to the court that can be able to meet the physical and the emotional needs of the kid before he/she can be handed to you.
The case can be made stronger by providing the supporting documents. These are the documents that prove that you are not only willing and able to provide for all the physical needs and the emotional support, but you are also in a position to meet the same.
Once this is done, the court clerk sets a hearing date when both sides get an opportunity to make their case. The judge may also hear the side of any other related party before weighing the matters and making the final determination. Through a written order, the judge gives an order and state the reasons for the same.
Once the date of hearing has been set, all the sides are heard. The judge gets an opportunity to review the petition, way all the matters, and hears the testimony from all those who matters. A decision is then made favoring one side. This is delivered in a written order that also explain why the decision has been reached. In this process, a very good lawyer experienced in divorce matters can help you win the case.
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