In case there is no other option other than divorcing, there are a number of things to plan ahead of the hearing. In situations where a separation agreement was not prepared and there is no agreement between the couples in relation to matters such as child care arrangements, then the need to file for temporary child custody before divorce. Once the petition is filed, then you have the opportunity to present your case to the judge who then gives direction in regards to the case presented.
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.
This is then followed by the date of hearing. Once the petition is filed with the court, the clerk normally assigns the hearing date. On this day, the petitioner and the spouse have the opportunity to make their case and convince the judge to take their side. The judge then reviews the petition, hears testimony from all the parties that matter and then make a determination. This is then followed by a written order that outlines the decision and the reason behind it.
However, in order to be on the safe side, it is advisable to seek the services of a lawyer experienced in the divorce cases. In many ways, having a lawyer that fully understands these issues can make the whole difference as they know what is required to 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.
This is then followed by the date of hearing. Once the petition is filed with the court, the clerk normally assigns the hearing date. On this day, the petitioner and the spouse have the opportunity to make their case and convince the judge to take their side. The judge then reviews the petition, hears testimony from all the parties that matter and then make a determination. This is then followed by a written order that outlines the decision and the reason behind it.
However, in order to be on the safe side, it is advisable to seek the services of a lawyer experienced in the divorce cases. In many ways, having a lawyer that fully understands these issues can make the whole difference as they know what is required to win the case.
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