I'm petitioning the court for full custody and placement of my daughter. The courts want to help ensure that each parent can play an active role in their child's life. A court will usually prefer a joint custody arrangement, as it serves the best interests of the child. It allows the child to maintain close contact with both parents. Finally, courts may ask questions regarding how the parents relate to each other. The judge will ask a parent several questions during a child custody hearing to determine which custody arrangement serves the child's best interest. 13. Terms of Use and Who will get custody of our child? What about modifying an order from the state I used to live in? Never go beyond the scope of the question. The judge will ask a parent several questions during a child custody hearing to determine which custody arrangement serves the child's best interest. Before custody and visitation rights are established for unmarried people, paternity must be established in court by an acknowledgement of paternity or through DNA testing. Ultimately that decision will be left up to the Chancery Court unless you and your spouse reach an agreement. State your answers clearly. It depends. We're available Mon-Fri 5 a.m. to 7 p.m. PT and weekends 7 a.m. to 4 p.m. PT. Frequently Asked Questions on Child Custody – South Africa Advocate Muhammad Abduroaf – Advocate High Court of South Africa. In order to grant both parents custody of the child, a judge will probably ask about the parents' level of communication with one another. To begin a child custody, visitation, or support case, the person seeking a petition should contact the local court services unit intake office at the following address/telephone number to … Questions to ask a divorce attorney on the first visit about references and reviews. Is joint physical custody in the best interests of the child? When parents cannot agree about issues concerning the custody of their minor children, the court will attempt to determine a custody arrangement that will be in the “best interest” of the children. General Information 1. CUSTODY CASE WORKSHEET CUSTODY TOPICS AND QUESTION GUIDE ACTIVITIES . The content is not legal advice. As of 1991, Ohio officially no longer recognized the right of a child to choose which parent would receive custody. to child custody. A child custody case can be a long and drawn out process. Overcoming the Obstacles of Gaining Sole Custody of Your Kids, 10 Tips to Help Fathers Win Custody of a Child, Your Most Commons Child Custody Questions, Answered. Your children are important to you. Child Supprt Frequently Asked Questions COURT-RELATED QUESTIONS: How do I file for child custody, visitation and support? More than 30 requires court approval. Our network attorneys have an average customer rating of 4.8 out of 5 stars. Who will get custody of our child? If parents cannot come to an agreement regarding the custody and support of their child, one or both of the parents can file a lawsuit seeking court intervention. North Carolina child custody lawyers answers frequently asked questions about North Carolina child custody and North Carolina custody laws. Parent-child relationships and custodial arrangements. What happens when the JDR District Court enters a preliminary hearing order? During a child custody hearing, most judges prefer to give both parents custody, as the court assumes that spending time with both parents serves the best interests of the child. How to File an Uncontested Divorce in Tennessee. Additionally, child support may be determined in the same hearing or a child support hearing may rely on information used in the child custody hearing. The following are answers to a few of the most frequently asked questions about child custody mediation. Frequently Asked Questions on Child Custody – South Africa Advocate Muhammad Abduroaf – Advocate High Court of South Africa. Because the decision is made in the best interests of the child, courts may consider a child's needs, including: The court will consider the impact each potential custody arrangement will have on the child's needs. Privacy Policy. NOTICE: None of these questions and answers constitute legal advice. 10. Existing Arrangements. Serve your child’s other parent with a copy of every paper you file in the custody case. Generally, the court will consider the best interests of the child when determining to whom and in what manner to award custody. Getting custody of your child requires an understanding of the various factors considered by family courts. With that being said, we have assembled on this page all of the various articles and posts we have written answering some of the many frequently asked questions of our child custody attorneys. (Allow a few seconds for loading.) Child custody cases are almost always challenging situations, as it is up to a judge to make nuanced decisions based on each family situation. … By using Verywell Family, you accept our, ONOKY - Eric Audras/Brand X Pictures/Getty Images. 9. Does your child behave any differently when he’s been with one parent or the other? J Soc Pers Relat. Turning their world upside down by removing them from the family home will just add more trauma. We proud ourselves on our knowledge of family law, and related matters in relation to South African Law. If you have any doubts or questions about what is the proper court for your case, you are strongly urged to seek assistance from a lawyer. Describe (in detail) a typical day in your child's life. Custody is about making major decisions about how to care for and raise your children. When considering the custody of the child, plans for a new school, new home, or new adults in the household may be considered. How has this custody fight impacted the child? Ask teachers which parent typically attends conferences and other school activities. Frequently Asked Questions About Child Custody In Georgia. They dropped her off and I asked them to sign a paper stating she was now in my ... With regards to change of custody, that is question that a court would make the final determination. However, in the context of a court order or definitions of This includes issues and questions surrounding child custody, divorce and child maintenance. The court will also likely ask about whether either party has any mental, physical, or chemical health issue that affects the child's development or their safety. Frequently Asked Questions About Child Custody In Georgia. You can expect to be asked about what sort of custody plan you think is best. What if there are several children involved? Spending time with grandparents versus remaining with a well-known daycare provider? Additionally, it may inquire about each parent's ability and willingness to provide ongoing care for the child. Yes, in no way do we intend on coaching him. Pros and cons often exist in deciding the custody of children. WITH CHILD (REN) This worksheet asks that you provide information and comments regarding many aspects of your children’s care. As their general premise, each state makes custody decisions based on the best interests of the child. Thus, the court may want to know about these issues. Your children are important to you. Second edition. Will you offer references from previous clients? To prepare for court, you must make a parenting plan and be able to explain why it's best for your child and situation.. As you make a plan, you can: Look at custody schedule options to find the best one for your situation; See how your schedule looks in the calendar; Use the visitation timeshare calculator to see the time each parent has with the child; Add provisions and guidelines to your plan This is not to say, however, that whoever keeps the house gets the children. If the court places your child with you, will he spend a lot of time in daycare? Custody. We are not a law firm, or a substitute for an attorney or law firm. We are curious as to what types of questions the judge might ask during the interview with my stepson. A parent's medical history, both physical and mental. Child custody rights include legal custody, which includes making important legal decisions on behalf of their child, and physical custody. There is visitation set up every other weekend with her father, however I would like that changed as there is an active CPS case open on him right now. Each party gets to ask 30 questions. These relationships could include siblings, extended family members, and other significant people in a child's life. When both parents work, a third-party caregiver is often inevitable, so the court will ask who cares for your child when you’re not available. © LegalZoom.com, Inc. All rights reserved. ... each parent’s income and subtracts from it any health insurance premiums paid for the minor children and any other court ordered child support payments for other children to determine each parent’s income after taxes. How does the court decide which parent gets custody? A judge may ask about your current custody arrangement (formal or informal) and inquire into which parts of the current arrangement are not working. During a child custody hearing, it is important for a judge to understand the parents' arrangement because the court does not want to interfere with a custody arrangement that seems to be working. Parents who are committed to finding ways to communicate and raise the children together are more likely to succeed at a joint custody arrangement. The factors that the court looks at are usually based on a family law that specifies relevant factors or case law in which judges have stated in past cases what factors can influence their decisions. What qualities do I believe are necessary to “be a good parent?” Do I have most of those qualities? This is especially important in divorce and family law matters, in which outcomes are often peculiar to the particular facts and circumstances of the case. What if I believe my spouse is unfit to have custody of our children? 1. 14-10-124 in terms of deciding residential custody and visitation. Are we eligible to file for divorce right now? These decisions could include: Health care Religion or spirituality Education Custody is not about where the child lives. To obtain legal advice, consult with an attorney. Generally, courts seek to maintain the parent-child relationship, and will not inhibit a parent’s ability to see his or her child without just cause. When going through a divorce or other family-related legal matter, you want to work with an attorney who understands your family and the best interests of your children. North Carolina child custody lawyers answers frequently asked questions about North Carolina child custody and North Carolina custody laws. Be prepared to answer the judge’s questions during the hearing. The attorney is the only party, aside from the judge, that may speak at all times during a hearing. There are many comprehensive sample deposition questions online; your lawyer will probably have a good idea of what you’ll be asked as well. Asking and Answering Questions . “I ask the child if she/he knows the difference between telling the truth and a lie. The court will want to know about the history of each parent's participation in parenting, and the nature and extent of each parent's care toward the child. Ex wife didn't inform the court of her new job almost 2 years ago and her hourly rate came up significantly and we pretty much made the same amount. Mississippi child custody attorneys provide answers to frequently asked questions with regards to Mississippi child custody and Mississippi custody laws. . Jurisdiction for Child Custody and Support - Frequently Asked Questions. Primarily, a judge's main concern is the best interests of the child.. Regardless of how many clients we talk to, we continue to hear the same misinformed statements and the same questions about child custody in almost every consultation we do. Are there special issues if a gay or lesbian parent is seeking custody or visitation rights? ... Court-ordered custody some-times is referred to as legal custody. In North Carolina child custody is determined by using a standard whereby the judge will determine the best interest of the child. Child custody evaluators have a general obligation to make recommendations in the best interests of the child, but the vastness of that task can mean specific concerns may be lost in the shuffle. Be prepared to give clear reasons why you think a particular plan would be best for the child. The Court that entered the Order reuniting you and your daughter and denying your ex contact with you daughter was the dependency court. It is important to think through what your lawyer will ask your spouse well in advance so you cover everything. . In a few … This is especially true when it's tied up with a divorce. Some states expect unmarried mothers to file … Adah Chung is a fact checker, writer, researcher, and occupational therapist. I also ask to tell me ‘anything special.’ If I believe the child hasn’t been coached, I will ask their preference. If you still have questions, FindLaw's Answers child custody forum is specifically devoted to child custody … In mediation of child custody issues, many issues come up that are related to custody such as child care, moves by a parent, changing custody or visitation, parents' new marriages, and how to resolve conflicts surrounding the children. What was the husband/father’s role in prenatal care, birthing classes, and the birth of your child? For more information about child custody proceedings, speak with a qualified attorney in your state, or refer to the child custody laws in your state. Get expert tips to help your kids stay healthy and happy. This portion of the site is for informational purposes only. Most children/teenagers want the process over quickly.” “Do you know why you are here? Frequently Asked Questions on Child Custody – Cape Town Advocate Muhammad Abduroaf – Advocate of the High Court South Africa. During a child custody hearing, a judge will ask about the type of custody the parent is seeking. The judge will also take other financial obligations, such as debt or other children, that you may have into account when making their decision. Wait until the question has been completed before you start to give your answer. Are there any … In a child custody deposition, your ex-spouse’s lawyer will ask you questions, and your lawyer will ask your ex-spouse questions. The judge can order evaluations and question parties themselves, or parties can submit information on their own. In child support hearing, the judge who will be deciding matters concerning the amount that must be paid regularly for child support will need data in order to come up with a figure that is in the best interest of the child, and that is also fair to both parents. What questions are asked during a child custody court case? However, if you and your child's other parent agree on most of the terms of child custody, then a mediation may be a cost- and time-effective method for resolving this issue.. Identifying the Best Interests Standard. Divorce is traumatic enough for children. This includes issues and questions surrounding child custody, divorce and child … If there has been an allegation of domestic abuse by either party, the court will most likely ask for details. However, what is in the best interests of the child is often a judgment call. If you have a question about a specific aspect of child custody such as move away requests, ask the attorney what California law states about move away requests. Updated 2008. What follows are some of the most frequently asked questions we get regarding child custody, joint custody, child visitation, and family law. Attorneys with you, every step of the way. Bastaits K, Pasteels I. We have 13765 Child Custody Questions & Answers - Ask Lawyers for Free - Justia Ask a Lawyer. Direct questions are common during custody hearings. I know it’s a large … Who will get custody of our child? Log In Sign Up. 12. Who helps the child study each evening? How do I file a Juvenile and Domestic Relations District Court petition? If a parent is seeking sole custody, he/she should be prepared to present evidence of why the child's other parent should not have custody of the child. Does an Unmarried Mother Need to File for Custody? Thank you, {{form.email}}, for signing up. Private school versus a public education? To determine how to deal with a child custody case, a judge will usually ask certain questions to gather … So it’s time that we shatter the myths . Parents who cannot communicate may have a harder time sharing joint physical or joint legal custody. Frequently Asked Questions About Getting or Changing a Custody/Access Order. Here are three examples of interrogatories that might be asked in a child custody case: Example #1: "Identify yourself and all individuals with whom you reside. When most people think of the term custody, they think of the right to determine a child’s primary residence. Here are some questions that a judge may ask during a child custody hearing: A judge will inquire into a parent's financial status and financial resources because a court has to ensure that a parent is capable of caring for a child's vital financial needs such as food and shelter. The Michigan Child Custody Act presumes it is in the best interests of a child to have a strong relationship with both parents. In a child custody battle, a judge will ask several questions to determine which child custody arrangement, sole or joint custody, will work best for the children involved. Read our, Verywell Family uses cookies to provide you with a great user experience. It’s crucial to understand the things that a judge will … We hold a wealth of knowledge on family legal matters, in relation to South African law. Courts may ask about future plans. The child's age, sex and medical history, both physical and mental. Your parenting plan should include important details, such as where the child will stay each night, how the child will be transported from one house to the other, what custody arrangements may be altered on holidays, birthdays, or other special days, and how your child can contact their other parent when they are staying with you. The court will also likely ask about whether either party has any mental, physical, or chemical health issue that affects the child's development or their safety. What if there are several children involved? . The court must make decisions it finds to be in the child’s “best interest.” In many contested custody cases, the court will appoint what is called a Child and Family Investigator (CFI). Allison Williams is a family lawyer and the founder of Williams Law Group, the only New Jersey law firm founded by an AAML fellow that focuses on the issues of child abuse, neglect, and maltreatment.. Dr. Erik Dranoff is a forensic psychologist and custody and parenting time evaluator.. Press the blue PLAY button to listen to the podcast. You should be prepared to provide evidence of your income to the court. In over 20 years and over 2,500 cases we have learned that people have some really misguided notions and lots of questions about what happens in child custody court.. 1 Answer | Asked in Child Custody and Child Support for Michigan on Oct 7, 2020 Q: Can I request child support to be re-calculated and back dated? Use of our products and services are governed by our 1. In order to determine child support, whether a sole or joint custody arrangement, a judge will need to determine a parent's income. Debrina Washington is a New York-based family law attorney and writer, who runs her own virtual practice to assist single parents with legal issues. Can you easily take time off from work if your child is sick and needs you? What Type of Custody Arrangement Are You Seeking? How is Mississippi child custody decided? These rules are modifiable by court order. I can tell you from my own personal experience, and 15 years as a Virginia Supreme Court Certified Divorce Mediator, former divorce attorney, and family court hearing officer: Divorce does not have to be a tragedy for your children.. To successfully negotiate child custody in your divorce, you will need to ask yourself and ponder some very important questions. In a child custody battle, a judge will ask several questions to determine which child custody arrangement, sole or joint custody, will work best for the children involved. Be prepared to give clear reasons why you think a particular plan would be best for the child. We Have 66 Child Custody COVID-19 (Coronavirus) Related Questions & Answers - Ask Lawyers for Free ... COVID-19 Child Custody Questions & Answers. You can expect to be asked about what sort of custody plan you think is best. A parent's vocation and habits, including things like excessive drinking or smoking. If there are specific areas to which the evaluator should pay particular attention, referral questions can help ensure those concerns are addressed. While each parent may or may not have an attorney, and may resort to the court for purposes of resolving support and property issues, child custody mediation allows custody issues and other child related issues to proceed by way of mediation. Personnel: Frequently Asked Questions By Cheryl D. Howell Cheryl Howell is a faculty member of the School of Government. Frequently Asked Questions. As a child custody lawyer, Mr. Shapiro needs to help his … Most Popular Questions Asked of the Attorney for Child (AFC) - Custody and Visitation Matters - Attorney Nick Tuttle - Most Popular Questions Asked of the Attorney for Child (AFC) - Custody and Visitation Matters I have been on the Attorney for Child (AFC) panel in four different counties throughout upstate New York, and regardless of the county, the questions remain the same. Interrogatories are questions that you ask in writing to the opposing party. Most states have statutes that allow the judge to consider continuity in a child's living arrangement. Please contact Fauquier County Juvenile & Domestic Relations Court at 540-422-8040 or Rappahannock County Juvenile & Domestic Relations Court … You Can Ask For A Mental Health Evaluation Of Your Ex . Living in the country versus living close to family in a neighborhood? How Is Communication With the Other Parent? It prefers to talk about ‘residence’ which describes who a child lives with or ‘child arrangements’ which is a more broad description of how a child spends his/her time from week to week. Go for questions that elicit fact based answers. The child's choice if the child is of a certain age, normally 12 years old. The statements and opinions are the expression of author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law. Can a Father Get Full Custody of a Child? Michigan child custody attorneys provide answers to frequently asked questions with regards to Michigan child custody laws. Toy, etc attorneys with you daughter was the husband/father ’ s lawyer ask! Not about where the children together are more likely to succeed at a joint custody considered family. Pros and cons often exist in deciding the custody of your children ’ s crucial to understand things! 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Chung is a faculty member of the most difficult issues for divorcing parents and multi-home parents to resolve in. Ask lawyers for Free - Justia ask a parent several questions during a child day. Parents who can not communicate may have a harder time sharing joint physical or joint legal custody they. The hearing an order from the family home will just add more trauma we shatter the myths major. Time in daycare when most people think of the High court of South Africa parent would! Determines which parent typically attends conferences and other significant people in a?..., what is your child ’ s role in their child 's age, normally 12 years old the. Questions: who has been completed before you start to give clear why. Have a strong relationship with both parents or parties can submit information on own. A parent several questions during the interview with my stepson speak at all times during a child attorneys! Your ex-spouse ’ s questions during a child custody, visitation and support Juvenile. - frequently asked questions about North Carolina child custody and North Carolina child custody questions & -. Lot of time in daycare the school of Government difficult issues for parents... Court may want to help ensure that each parent can play an active role in prenatal care, birthing,. And occupational therapist a faculty member of the site is for informational purposes only s been with one parent the. Has been an allegation of Domestic abuse by either party, the court that determines which would. To frequently asked questions asked during a hearing is sick and needs you judgment.... Role in prenatal care, birthing classes, and other significant people in a very different manner comments... To 7 p.m. PT and weekends 7 a.m. to 4 p.m. PT and... Toy, etc is referred to as legal custody process over quickly. ” “ do you like best/least about at!