Fighting for Custody? Here’s What You Need To Do
Are you fighting for custody? Here’s what you need to do: read this article for guidance, then contact our Saratoga lawyers to get started now.
Emergency Child Custody
The custody process can often take several months to ultimately resolve, but if there is an emergency or an issue that needs to be addressed by the court immediately, one party can file an order to show cause, which is an expedited motion process to get the case in front of a judge sooner.
To file an order to show cause, the parent would need to file the document together with her or his affidavit or statement. The court would then consider the parent’s papers and may grant relief ex parte (without the presence of the other party), immediately pending an initial court appearance. Alternatively, in some situations, a judge may see the parent ex parte before the next court appearance and may grant the parent some limited, temporary relief. If there is no emergency, the parent should instead consult an attorney immediately, as attorneys are familiar with the process and may have means to get the matter in front of the court as soon as possible.
Seeking Custody of Niece/Nephew
Generally, a parent’s right to custody of the children is superior to all others. However, a non-parent can seek custody of a child. They must first demonstrate extraordinary circumstances. Extraordinary circumstances include things like surrender, abandonment, neglect, unfitness. Once you’ve established that extraordinary circumstances exist, the the court will determine whether or not it’s in the best interest of the child or children to be in your care.
Requesting a New Law Guardian
It can be very difficult because the court assigned the specific guardian. The law guardian is required to have the best interest of the child, and can be involved in future case proceedings.
You can petition the family court for the right to have visitation with your grandchild because the grandparent/child relationship is considered a significant aspect to the development of a child. The court will take a two step process to analyze visitation rights, and the best interest of the children.
Importance to Know About Shared Custody
- When considering shared custody, it is extremely important that parents have the ability to talk to each other
- They need to consult in order to reach consensus on various major issues, including health and education
Difference Between Joint & Sole Custody
- The types of custody that are relevant in every case are Legal Custody and Physical Custody
- Legal custody is decision-making authority for a child, and physical custody is where the child resides
- When you’re talking about Joint versus Sole Custody, you’re talking about Legal Custody
- Under Joint Custody, the parents need to agree upon major issues
- Under Sole Custody, the parent with Custody has authority to decide these matters
Are you or a loved one fighting for custody? Here’s what you need to do: contact our Saratoga Child Custody Attorneys to schedule your confidential consultation and legal case evaluation.
Subscribe to Our YouTube Channel