How To Ask For A Child Custody Order
How To Ask For A Child Custody Order
During a divorce, most parents establish custody for their children to share parenting responsibilities. In California, a single parent can have child custody, or both parents can share the child. However, the final custody decision lies with the judge. Meaning he/she is the one who approves or disapproves the parent’s decisions. If both parents disagree, the establishment of custody can only be completed through a court hearing. If you are in separation or divorce, you need to learn the basics of child custody. When parents have separated or divorced, very few agree on the time each will spend with the kid. Meaning, one parent may have limited options to enforce their custody rights. Establishing child custody orders then becomes of great importance to ensure the rights of each parent are affirmed.
Types Of Cases Where You Can Ask For Child Custody Orders
Establishing custody is a complicated process that requires one to find family law lawyer in Chula Vista. Though some parents fear that their partners will react negatively if they get a court order for custody, this proves to be the best way. This is if both parents seem not to agree on the matters related to custody. Asking for a child support order will depend on two main things. They include:
- Whether you are starting the case for the first time: If you don’t have an open case, you may start one. But this will depend on whether you are married to the other parent or not. Once a case is opened, then you can be free to request a child support order. If you are not married or are not domestic parents, you may ask for a child support order through:
- Parentage case: If you had a child but were never married to the other parents, you open a paternity case to have child custody orders. The judge will make the child support order depending on what he/she deems fit and the child’s best interest.
- Local child support agency: Even if not married, either parent has the right to open a case through a child support agency
- Domestic violence case: If your child is being subjected to abuse, you have the right to ask for child support to protect the child’s best interest.
- Petition for custody and support of minor children: The court gives out child support orders based on both parents’ income. Remember that this type of case doesn’t lead to establishing any parental relationship. To start up the case, you must file a petition. An experienced family lawyer can guide you on how to go about this process.
- Whether you have a case in the family court or with the local child support agency: In case you are married to the other parent, you may need to ask for a child support order through:
- Dissolution of your marriage: Once you file for separation or divorce, you can ask for a child support order. Once the case is open, you can seek a temporary order as you await the final judgment for your case.
- Domestic violence: In such a case, you need to ask for child custody orders to ensure you restrain any child abuse. The other parent will be given a domestic violence restraining order.
- Petition for custody and support of minor children: This is possible for those who don’t want to divorce or annul their relationship
- You can also open a case through a local child support agency.
To come up with any child support order, the court looks at the child’s best interest. If both parents may harm the child, the court may order what it referred to as guardianship to ensure the children are safe. It’s worth noting that the judge also makes child support orders in most cases related to child custody. Therefore, the other parent should not deny you to visit your child simply because you have failed to make child support payments. All in all, any court order given should be followed to the letter to avoid other legal repercussions.
Getting Legal Support
While some parents come up with child custody agreements, some have conflicts that can only be solved through a court hearing. If you’re in such a state and want the best for your children, you can consider having a family lawyer represent you in court. With a family lawyer, you will learn what is needed to ensure the best for your kid. Once the court orders have been issued, and your ex-spouse is not adhering to them, they should face the law. Any violation may lender you to file for contempt with the court. In any case, your lawyer would be willing to help you win your child custody case.