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File For Child Custody Before Divorce: What You Need To Know

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.

It all starts by drafting a petition for a temporary guardianship. In the case where there has no any single paperwork filed in regards to the separation, it is advisable to prepare a temporary custody order. This then allows you to start 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.

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 filing the petition, the rules of the court require that you serve the same for your spouse. The method used to file and serve the spouse may be different from one jurisdiction to the other. Most jurisdictions, however, require that the petition is hand delivered to the spouse through a process server. However, a certified email is also acceptable in some jurisdictions.

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.

It is best to seek services from a highly experienced lawyer as they can help you in many ways. They understand what you need to win the case and ensure that all the necessary documents are prepared well in advance. In some cases, these battles are not usually easy and having a highly experienced lawyer by your side can make the difference.




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