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.
How Do Fathers Get Custody of Their Child
Hello, my name is brian galbraith and i’m the owner of galbraith family law. we’re a law firm of family law lawyers located in Barrie, Orillia and Newmarket. How does a father get custody of his children? Now, there’s a myth out there that fathers never get custody of their children. This is based on the historic fact that, traditionally, mothers were primarily responsible for the care of children and fathers were the bread winners. So it made sense, in those days, that the court would order custody to the mother since.
She was the one primarily looking after the children anyway. it was in the children’s best interested to be with their mother. Nowadays, both mothers and fathers usually participate in the care giving and in earning the income for the family. As a result the Ontario courts are more inclined to order an equal time sharing regime for the children. If a father wants custody of his children, he needs to prove that it’s in the best interest of the children that he has custody. A strong argument would be that he was traditionally.
The one responsible or primarily responsible for the care, and that he can continue to provide the care that the children want and deserve. Custody battles are often very nasty. They can take many months and even years to resolve and cost thousands of dollars in legal fees. The children often suffer when there’s a custody battle between their parents. As a result we prefer to help our clients negotiate a settlement. One of the best processes to do that is called collaborative practice. That’s a process where.
The parties agree not to go to court and they work with professionals to find a resolution to their petty issues and any other issues that they have to resolve related to the separation. It’s a very cost effective process and keeps the power of decision making in the hands of the parents. Most importantly, it helps prevent the children from being in the middle of a battle between mum and dad. If this tutorial’s been helpful, give it a thumps up. And if you’d like to learn more information.