Child access and child custody are frequently contentious issues when couples with children separate in Edmonton. As a parent, it is never an easy job to decide what is best for your children, especially when separation usually means that the child will have to live most of the time with a single parent.
So let’s look at how you can settle a child custody case.
● Communicate With the Other Parent
In every custody case, the firestorm step is for the parent to talk to each other. Custody battles are usually expensive and emotional and could be detrimental to the child. Therefore, if there is a chance that you could work through your differences and create an agreeable custody plan, you will save yourselves a lot of trouble.
● Hire a Lawyer
If you have tried working with your ex and it becomes impossible to agree on custody, you should speak with an experienced lawyer. For instance, an Edmonton family lawyer will discuss your case with you during your initial consultation and explain your state custody process and laws.
Knowledgeable and local attorneys are familiar with court procedures and laws and how specific judges work. After the attorney is retained, you must file a formal petition for custody with the court.
● File a Petition for Custody
Court procedures usually vary from state to state. However, the process is quite similar. The first step is to file a petition or complaint about custody with your local court. Next, ensure that you file your request with the proper court, which is usually the court located in the state where your child has lived for a minimum of six months and in the same county where you currently reside.
● The Custody Trial
During the custody trial, the judge would allow you and your ex to rent their case on why they are best suited to care for their children and why their proposed parenting schedule is in the child’s best interest.
Custody trials are usually time-consuming and expensive since both parents must prepare and present witnesses and evidence to prove their case. In every custody trial, the judge’s priority is to determine the child’s best interest.
● The Final Custody Order
After the court concludes the hearing, the judge will make a decision. In some cases, the judge will decide and issue custody on the spot. You might have to wait for a written order to arrive in your mail in other cases.
If you have temporary orders, you will have to abide by them till you get new ones. If you are not happy with the judge’s decision, you can file an appeal order, but you only have a short time to do so.
That’s a Wrap
There are times when using the court to settle your child’s custody is necessary, like in neglect or abuse cases. However, you should know that judges might make designs about your children’s future without having full knowledge or true underscoring or facts of your family’s psychological dynamics.
Therefore you should always consider your child first if you have custody issues.
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