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.
In some cases, the kid may be living with a third party. This could be the legal guardian or the grandparents. Lastly, it is common in the case of juvenile delinquency or when the kid concerned is involved in "child need of protective service (CHIPS)".
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.
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.
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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