What Is the Court Procedure for Child Custody?
When contemplating the broad topic of child custody, it is important for each parent to know that the procedures--including all filings and appearances before the court--are prescribed by their state's laws. Because law governing custody matters varies from state to state, it is imperative that each party understand the legal procedure involved in their jurisdiction and seek consultation with an attorney if necessary. Below are some common filing and court procedures typical of most states:
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Temporary Orders
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When parties divorce, the parent with physical custody of a child will generally file temporary orders with the court. This gives the parent with physical possession of the child temporary custody pending the final custody order. Temporary orders may also require the non-custodial parent to pay child support.
Mediation and Arbitration
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If there is contention between parents with respect to custody issues, many states require the parents to attend mediation and arbitration. Each parent must then submit proof of completion to the court prior to a determination of custody.
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Parenting Plans
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As more states move toward the model of joint conservatorship, some parents will be required to submit individual parenting plans to the court. These plans outline each parent's legal and financial duties and obligations to the child.
Personal Financial Information
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For purposes of determining how a child will be supported financially, some states require parents to submit documentation of their income, assets and debt. Determination of child support is made based on that state's guideline model.
Custody Orders
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Most states permit sole custody, in which one parent has physical and legal custody of the child. Most also allow for joint custody with shared physical possession and one parent granted legal custody of the child. Another option is joint custody with both parents sharing legal and physical custody of the child.
Modification to Orders
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Sometimes a parent will seek modification to custody orders. This may take place when the custodial parent dies or becomes ill. If there is a change of circumstances--such as abuse or neglect--one parent can seek modification of the orders in the best interest of the child.
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