How does a judge make a custody decision?

After both parties have presented their side in defense of a particular custody arrangement, a judge will render his/her decision. When reaching a determination for child custody, a judge will make a decision based on the child’s best interests.

What should I know about child custody laws?

Remember, perception is everything. Read up on the child custody laws in your state so that you will know in advance what to expect. For instance, most of the time, each parent has an equal right to the custody of the children when they separate.

What happens when parents can’t agree on custody?

When parents cannot agree on custody rights, the courts will issue a custody order that is in the child’s best interest. Generally speaking, there are two primary types of child custody: Legal custody: Your right to make important decisions for your child (such as decisions about education, health care, and religion).

When to transfer custody from state to state?

Generally, home state jurisdiction is awarded to the state in which: The child has resided for six months or more (unless of course the child is less than six months old) OR. The state in which the custody decree or orders were rendered.

Where can a child custody case be heard?

The only place where a child custody case can be heard is the child’s “home state” – usually, the state where they have lived for at least six months leading up to the beginning of the case. Jurisdiction will lie in the child’s home state, or in a state where the child has resided for the six months prior to the filing of the action.

Which is the home state for child custody?

The “home state” is basically the state where the child has lived (with a parent or a person acting as a parent) for at least the last six consecutive months – however there are exceptions to this rule. ( Note: Temporary absence from the state does not affect the six-month calculation.)

How is jurisdiction determined in a custody case?

Determining a Child’s Home State. Jurisdiction will lie in the child’s home state, or in a state where the child has resided for the six months prior to the filing of the action. Any parent seeking custody must also reside in the state in which the custody action is filed for six months prior to filing the action.

Why are there so many questions about child custody?

Child custody is an emotional experience. It is also is a complicated area of the law, mainly because child custody laws vary from state to state. In this blog, we will cover some common questions people have about child custody, and below is an overview of those questions.

What to expect in a child custody case?

Parents participating in child custody proceedings should work with their attorneys to synthesize all information and be prepared to put their best foot forward in a short amount of time. During a child custody proceeding, the following parties will speak: Witnesses (including workers, school officials, etc.)

What are the do’s and don’ts for winning child custody?

These do’s and don’ts will help you present yourself to the courts in the best light and help you win your child custody case. When it comes to winning custody, you need to make sure that you demonstrate a willingness to work with your ex while also demonstrating that your children would benefit from you having custody.

Is there a way to win a child custody battle?

There are no guaranteed ways to win a child custody battle, but avoiding the above mistakes can at least keep you in the fight. One of the most important steps you can take to help yourself in any child custody dispute is hiring a divorce lawyer to help with your case.

When to seek help in a child custody case?

If you are facing an abusive, neglectful or unreasonable parent in a child custody case, you need help. It takes courage to stand up to a bully. A parent that has been physically abusive or cowardice enough to make knowingly false allegations of abuse should not have the same parenting time as a kind and loving parent.

What do people do wrong in child custody matters?

Moreover approaching a child custody matter without your focus being solely on the best interests of the child can have disastrous consequences for the outcome of your matter. Below is a list of the things that people do wrong in child custody matters. 1. Bad Mouthing the Other Parent to the Child

Can a person ask for custody without a court order?

Usually this is called “guardianship,” where someone who is not the parent asks for custody of the children because the parents cannot care for them. Click for more information on guardianship. In most cases, parents can make their own agreements for custody and visitation, without a court order.