Narrator: before we get started, let’s be clear about some important facts. This tutorial does not guarantee that you will get custody or visitation. Before you file for custody or visitation, be aware that the judge will determine who will have custody of your child and what visitation rights will be allowed. The judge may not follow your wishes or recommendation. Once you file for custody or visitation, the other parent can hire an attorney and fight.
You in court, and the legal process for gaining custody or visitation rights can be very timeconsuming and complicated. If you or your child is a victim of domestic violence or if Child Protective Services is involved with your family or if your child lives in another state or the other parent is on active duty in the military, we strongly advise you to consult with an attorney before making a decision about filing for custody.
If there is already a custody case that concerns the child over whom you want custody or visitation, then this tutorial will not help you. You should consult an attorney to determine what action needs to be taken. And this tutorial is the first in a twopart series about how to represent yourself in a custody case. This first tutorial is going to show you how to file for a custody or visitation order.
From the court and how to prepare for mediation. The second tutorial will explain how to prepare your case for trial. Our presentation is divided into six sections. Overview will briefly explain how the court will make its decision and the meaning of some terms, like joint custody or sole custody, that are used by the court. Where to file will tell you how to decide the correct county where you should file for.
Custody. Filling out the forms will show you how to fill out the forms that are needed to start your custody action. Filing the Forms will tell you how and where to file your completed forms with the court. Giving Notice will tell you how to let the other person in the custody or visitation action know about the case.
The law requires that this notice be given in very specific ways. Mediation will describe the mediation process you will take part in, and give you some suggestions for preparing for the mediation. We will also tell you what happens if the mediation fails to get an agreement between you and the other person involved in your case. Overview.
In north carolina, if you file a custody or visitation case in court, a district court judge will make the final decision about who gets custody and what visitation is allowed. If an agreement is not reached during mediation then there will be a court hearing. JUDGE: Let’s come to order. Calling the first case, Janet Hall Thomas VS. Richard Craig Thomas.
Parties come forward. NARRATOR: The judge will listen to testimony from witnesses, including you and the other person involved in the case. The judge will also review evidence. The judge will then decide what is in the best interest of the child. JUDGE: Ok, I’m ready to make my ruling.
Child Custody Modification When There is a Material Change of Circumstances
Child custody modification when there is a material change of circumstances custody battles make for great fodder for TV and movies but the reality typically involves significantly less drama a court signs off on a custody plan that is created for the kids and both parents share the child or children accordingly if someone wants to make a significant change to a custody agreement.
As in change primary custody from one parent to the other things can get a little trickier there are essentially two options the first option is for the parent seeking the change to get the other parent to agree to the change this might be unlikely but if the parents do manage to come to a consensus on the change the court is generally going to sign off on it.
Without any issue as long as it appears to be in the best interest of the children the second option requires the parent seeking the change in custody without the others approval to petition the court to make the alteration a custody agreement isn’t just going to change on a whim and some courts require a.
Waiting period following the original custody agreement during which no changes can be made unless the parent seeking a change can show some time of imminent danger or harm to the child this waiting period can be as long as two years outside of the waiting period the parent seeking a change will first have to prove that something called a material change in circumstances has occurred.
A material change in circumstances is a very significant change like one parent losing the ability to care for a child moving away or developing a substance abuse problem if the parent requesting the change is able to show that something significant and important changed the court will next consider whether the change is in the best interest of the children if it is the requested change will be granted.