questions asked in court for child custody

Divorce is traumatic enough for children. A judge may ask about your current custody arrangement (formal or informal) and inquire into which parts of the current arrangement are not working. During a child custody hearing, it is important for a judge to understand the parents' arrangement because the court does not want to interfere with a custody arrangement that seems to be working. In mediation of child custody issues, many issues come up that are related to custody such as child care, moves by a parent, changing custody or visitation, parents' new marriages, and how to resolve conflicts surrounding the children. What questions are asked during a child custody court case? As their general premise, each state makes custody decisions based on the best interests of the child. WITH CHILD (REN) This worksheet asks that you provide information and comments regarding many aspects of your children’s care. How long will a custody case last? NOTICE: None of these questions and answers constitute legal advice. Our network attorneys have an average customer rating of 4.8 out of 5 stars. Read our, Verywell Family uses cookies to provide you with a great user experience. by Mark Goldstein, Esq. My teenage son is going before the judge soon, by the court's request, to be interviewed by the judge. Existing Arrangements. However, in the context of a court order or definitions of North Carolina child custody lawyers answers frequently asked questions about North Carolina child custody and North Carolina custody laws. Are there special issues if a gay or lesbian parent is seeking custody or visitation rights? Attorneys with you, every step of the way. If the question asks for yes or no answer say "yes" or "no," instead of "uh huh" or "uh uh." I estimate anywhere from three to nine months. Bastaits K, Pasteels I. When considering the custody of the child, plans for a new school, new home, or new adults in the household may be considered. Your parenting plan should include important details, such as where the child will stay each night, how the child will be transported from one house to the other, what custody arrangements may be altered on holidays, birthdays, or other special days, and how your child can contact their other parent when they are staying with you. Private school versus a public education? COURT-RELATED QUESTIONS: How do I file for child custody, visitation and support? “I ask the child if she/he knows the difference between telling the truth and a lie. In order to determine child support, whether a sole or joint custody arrangement, a judge will need to determine a parent's income. Parents who cannot communicate may have a harder time sharing joint physical or joint legal custody. Custody is determined by a family law court that determines which parent has custodial control over the child in question. Can a Father Get Full Custody of a Child? Child custody cases are almost always challenging situations, as it is up to a judge to make nuanced decisions based on each family situation. The following are answers to a few of the most frequently asked questions about child custody mediation. Ask teachers which parent typically attends conferences and other school activities. Will you offer references from previous clients? The court will want to know about the history of each parent's participation in parenting, and the nature and extent of each parent's care toward the child. North Carolina child custody lawyers answers frequently asked questions about North Carolina child custody and North Carolina custody laws. Custody and parenting issues usually have to be dealt with in the court nearest to where the children are living. In order to grant both parents custody of the child, a judge will probably ask about the parents' level of communication with one another. Additionally, child support may be determined in the same hearing or a child support hearing may rely on information used in the child custody hearing. Spending time with grandparents versus remaining with a well-known daycare provider? What Kind of Questions Does the Court Ask in Custody Battles? We Have 66 Child Custody COVID-19 (Coronavirus) Related Questions & Answers - Ask Lawyers for Free ... COVID-19 Child Custody Questions & Answers. In North Carolina child custody is determined by using a standard whereby the judge will determine the best interest of the child. But You Probably Won’t Get It. A judge might ask about your job or career. We are not a law firm, or a substitute for an attorney or law firm. Identifying the Best Interests Standard. Here are the top 10 most commonly asked questions asked during a New Jersey child custody consultation. What qualities do I believe are necessary to “be a good parent?” Do I have most of those qualities? Frequently Asked Questions About Child Custody In Georgia. When both parents work, a third-party caregiver is often inevitable, so the court will ask who cares for your child when you’re not available. This portion of the site is for informational purposes only. How do I file a Juvenile and Domestic Relations District Court petition? Parents who are committed to finding ways to communicate and raise the children together are more likely to succeed at a joint custody arrangement. Are we eligible to file for divorce right now? With that being said, we have assembled on this page all of the various articles and posts we have written answering some of the many frequently asked questions of our child custody attorneys. Interrogatories are questions that you ask in writing to the opposing party. If parents cannot come to an agreement regarding the custody and support of their child, one or both of the parents can file a lawsuit seeking court intervention. Does an Unmarried Mother Need to File for Custody? Thus, the court may want to know about these issues. . Mediation is less formal and less adversarial than court proceedings, which can result in less stress on the parents and less trauma for the child. Second edition, Is joint physical custody in the best interests of the child? Who will get custody of our child? Does your child behave any differently when he’s been with one parent or the other? The following are a few sample questions: Who has been the primary caregiver? Get expert tips to help your kids stay healthy and happy. As of 1991, Ohio officially no longer recognized the right of a child to choose which parent would receive custody. However, if you and your child's other parent agree on most of the terms of child custody, then a mediation may be a cost- and time-effective method for resolving this issue.. The content is not legal advice. … In a child custody deposition, your ex-spouse’s lawyer will ask you questions, and your lawyer will ask your ex-spouse questions. Your children are important to you. Child custody and visitation can be one of the most difficult issues for divorcing parents and multi-home parents to resolve. Custody. This includes issues and questions surrounding child custody, divorce and child … What if there are several children involved? You Can Ask For A Mental Health Evaluation Of Your Ex . It also gives you a rough idea of things that might come up in court or in negotiations. Get Help … A child custody case can be a long and drawn out process. What happens when the JDR District Court enters a preliminary hearing order? According to Virginia’s divorce laws, couples filing for a … Who will get custody of our child? We have 13765 Child Custody Questions & Answers - Ask Lawyers for Free - Justia Ask a Lawyer. This is especially important in divorce and family law matters, in which outcomes are often peculiar to the particular facts and circumstances of the case. They may want to know about the nature and the context of the allegations, how they may impact a child's safety, and whether the alleged perpetrator has gone to counseling or otherwise worked on the issue. Never go beyond the scope of the question. Be prepared to give clear reasons why you think a particular plan would be best for the child. We proud ourselves on our knowledge of family law, and related matters in relation to South African Law. What do you like best/least about being at mom/dad’s? Serve your child’s other parent with a copy of every paper you file in the custody case. These rules are modifiable by court order. More than 30 requires court approval. Michigan child custody attorneys provide answers to frequently asked questions with regards to Michigan child custody laws. When parents cannot agree about issues concerning the custody of their minor children, the court will attempt to determine a custody arrangement that will be in the “best interest” of the children. Who will get custody of our child? Getting custody of your child requires an understanding of the various factors considered by family courts. What was the husband/father’s role in prenatal care, birthing classes, and the birth of your child? In a few … Describe (in detail) a typical day in your child's life. Before custody and visitation rights are established for unmarried people, paternity must be established in court by an acknowledgement of paternity or through DNA testing. ... you can request a modification of the visitation schedule in court. How has this custody fight impacted the child? My husband and I filed emergency custody. Child custody rights refer to a set of rights given to a parent in divorces and legal separation. If a parent is seeking sole custody, he/she should be prepared to present evidence of why the child's other parent should not have custody of the child. Second edition. During a child custody hearing, most judges prefer to give both parents custody, as the court assumes that spending time with both parents serves the best interests of the child. It depends. The judge will also take other financial obligations, such as debt or other children, that you may have into account when making their decision. Updated 2008. This is not to say, however, that whoever keeps the house gets the children. Generally, the court will consider the best interests of the child when determining to whom and in what manner to award custody. 1 Answer | Asked in Child Custody and Child Support for Michigan on Oct 7, 2020 Q: Can I request child support to be re-calculated and back dated? Primarily, a judge's main concern is the best interests of the child.. Your children are important to you. Can you easily take time off from work if your child is sick and needs you? Most Popular Questions Asked of the Attorney for Child (AFC) - Custody and Visitation Matters - Attorney Nick Tuttle - Most Popular Questions Asked of the Attorney for Child (AFC) - Custody and Visitation Matters I have been on the Attorney for Child (AFC) panel in four different counties throughout upstate New York, and regardless of the county, the questions remain the same. He is fifteen years old. Questions 11-14 11. Child custody rights include legal custody, which includes making important legal decisions on behalf of their child, and physical custody. 2019;36(11-12):3752-3772. doi:10.1177/0265407519838071, Questions Asked at a Child Custody Hearing, Ⓒ 2021 About, Inc. (Dotdash) — All rights reserved, Verywell Family uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. 9. We have 13765 Child Custody Questions & Answers - Ask Lawyers for Free - Justia Ask a Lawyer. Custody is about making major decisions about how to care for and raise your children. If you are in the midst of a divorce or issues concerning the custody of your child have arisen, it is important to speak to an attorney to ensure that your rights as a parent are protected. What are the Top Ten Child Custody Questions? Yes, in no way do we intend on coaching him. ... each parent’s income and subtracts from it any health insurance premiums paid for the minor children and any other court ordered child support payments for other children to determine each parent’s income after taxes. Jurisdiction for Child Custody and Support - Frequently Asked Questions. Privacy Policy. Get the right guidance with an attorney by your side. Terms of Use and By using Verywell Family, you accept our, ONOKY - Eric Audras/Brand X Pictures/Getty Images. We hold a wealth of knowledge on family legal matters, in relation to South African law. Finally, courts may ask questions regarding how the parents relate to each other. The child's choice if the child is of a certain age, normally 12 years old. Frequently Asked Questions on Child Custody – South Africa Advocate Muhammad Abduroaf – Advocate High Court of South Africa. If the court places your child with you, will he spend a lot of time in daycare? 14-10-124 in terms of deciding residential custody and visitation. How to File an Uncontested Divorce in Tennessee. What Will the Court Take Into Consideration? So it’s time that we shatter the myths . Every state has its own rules … The court may also seek a commitment from each parent not to interfere with the other parent's parenting time, and consider the effect a proposed parenting time plan will have on other relationships the child enjoys. Direct questions are common during custody hearings. When most people think of the term custody, they think of the right to determine a child’s primary residence. Who do I contact to file for child support/child custody? What about modifying an order from the state I used to live in? The court will also likely ask about whether either party has any mental, physical, or chemical health issue that affects the child's development or their safety. Who will get custody of our child? Some states expect unmarried mothers to file … How does the court decide which parent gets custody? Overcoming the Obstacles of Gaining Sole Custody of Your Kids, 10 Tips to Help Fathers Win Custody of a Child, Your Most Commons Child Custody Questions, Answered. The court will also likely ask about whether either party has any mental, physical, or chemical health issue that affects the child's development or their safety. 10. If you have a question about a specific aspect of child custody such as move away requests, ask the attorney what California law states about move away requests. Answer only the question that is asked. Regardless of how many clients we talk to, we continue to hear the same misinformed statements and the same questions about child custody in almost every consultation we do. It is important to think through what your lawyer will ask your spouse well in advance so you cover everything. Courts are generally looking at 11 factors set forth in C.R.S. These decisions could include: Health care Religion or spirituality Education Custody is not about where the child lives. Parent-child relationships and custodial arrangements. Here are some questions that a judge may ask during a child custody hearing: A judge will inquire into a parent's financial status and financial resources because a court has to ensure that a parent is capable of caring for a child's vital financial needs such as food and shelter. You can expect to be asked about what sort of custody plan you think is best. The judge will want to know what sort of parenting plan you currently have in place, and what sort of parenting plan you propose. Parent-child relationships and custodial arrangements. What if I believe my spouse is unfit to have custody of our children? Are there any … Thank you for subscribing to our newsletter! To begin a child custody, visitation, or support case, the person seeking a petition should contact the local court services unit intake office at the following address/telephone number to … I also ask to tell me ‘anything special.’ If I believe the child hasn’t been coached, I will ask their preference. If you have any doubts or questions about what is the proper court for your case, you are strongly urged to seek assistance from a lawyer. Joint physical custody is another option if you and your ex don't live too far apart. You can expect to be asked about what sort of custody plan you think is best. If there are specific areas to which the evaluator should pay particular attention, referral questions can help ensure those concerns are addressed. I put together the list of questions below that I send to my consultation clients before I meet with them, outlining the top 10 questions that I tend to be asked by most people. Your client should know their favorite book, bedtime story, bedtime prayer, favorite toy, etc. There is visitation set up every other weekend with her father, however I would like that changed as there is an active CPS case open on him right now. In a joint custody arrangement, parents will need to communicate about decisions that affect a child's day to day life. However, under certain circumstance, Ohio law requires that, when making a custody determination, a Court consider the wishes and concerns of a child regarding the child’s care. Allison Williams is a family lawyer and the founder of Williams Law Group, the only New Jersey law firm founded by an AAML fellow that focuses on the issues of child abuse, neglect, and maltreatment.. Dr. Erik Dranoff is a forensic psychologist and custody and parenting time evaluator.. Press the blue PLAY button to listen to the podcast. Use of our products and services are governed by our Child custody evaluators have a general obligation to make recommendations in the best interests of the child, but the vastness of that task can mean specific concerns may be lost in the shuffle. After paternity is established, if the parties are unable to agree, the court will determine the custody and visitation schedule based on a multitude of factors to establish the best interests of the child. Ultimately that decision will be left up to the Chancery Court unless you and your spouse reach an agreement. Mississippi child custody attorneys provide answers to frequently asked questions with regards to Mississippi child custody and Mississippi custody laws. (Allow a few seconds for loading.) Adah Chung is a fact checker, writer, researcher, and occupational therapist. 13. Frequently Asked Child Custody Questions. These relationships could include siblings, extended family members, and other significant people in a child's life. Frequently Asked Questions on Child Custody – Cape Town Advocate Muhammad Abduroaf – Advocate of the High Court South Africa. The court must make decisions it finds to be in the child’s “best interest.” In many contested custody cases, the court will appoint what is called a Child and Family Investigator (CFI). The factors that the court looks at are usually based on a family law that specifies relevant factors or case law in which judges have stated in past cases what factors can influence their decisions. . The factors that the court looks at are usually based on a family law that specifies relevant factors or case law in which judges have stated in past cases what factors can influence their decisions. It prefers to talk about ‘residence’ which describes who a child lives with or ‘child arrangements’ which is a more broad description of how a child spends his/her time from week to week. During a child custody hearing, a judge will ask about the type of custody the parent is seeking. Be prepared to answer the judge’s questions during the hearing. As a child custody lawyer, Mr. Shapiro needs to help his … . Frequently Asked Questions on Child Custody – South Africa Advocate Muhammad Abduroaf – Advocate High Court of South Africa. Frequently Asked Questions About Child Custody in New Jersey. Most children/teenagers want the process over quickly.” “Do you know why you are here? Asking and Answering Questions . To determine how to deal with a child custody case, a judge will usually ask certain questions to gather … In a child custody battle, a judge will ask several questions to determine which child custody arrangement, sole or joint custody, will work best for the children involved. The judge will ask a parent several questions during a child custody hearing to determine which custody arrangement serves the child's best interest. The judge will ask a parent several questions during a child custody hearing to determine which custody arrangement serves the child's best interest. There are many comprehensive sample deposition questions online; your lawyer will probably have a good idea of what you’ll be asked as well. In North Carolina child custody is determined by using a standard whereby the judge will determine the best interest of the child. What follows are some of the most frequently asked questions we get regarding child custody, joint custody, child visitation, and family law. This is especially true when it's tied up with a divorce. Log In Sign Up. A parent who would like to interject an opinion or ask a question during a child custody hearing should first speak with their attorney. Guardianship is a court proceeding in Circuit Court where the Court appoints an individual to care for a minor child and makes legal decisions for the minor. For more information about child custody proceedings, speak with a qualified attorney in your state, or refer to the child custody laws in your state. The judge can order evaluations and question parties themselves, or parties can submit information on their own. Ex wife didn't inform the court of her new job almost 2 years ago and her hourly rate came up significantly and we pretty much made the same amount. If there has been an allegation of domestic abuse by either party, the court will most likely ask for details. © LegalZoom.com, Inc. All rights reserved. What if there are several children involved? Please contact Fauquier County Juvenile & Domestic Relations Court at 540-422-8040 or Rappahannock County Juvenile & Domestic Relations Court … Who typically signs off on homework assignments and other notices? CUSTODY CASE WORKSHEET CUSTODY TOPICS AND QUESTION GUIDE ACTIVITIES . ... Court-ordered custody some-times is referred to as legal custody. 12. Who helps the child study each evening? The right to determine which custody arrangement serves the questions asked in court for child custody ask your spouse reach agreement! Right guidance with an attorney by your side a particular plan would be best for the child life. To which the evaluator should pay particular attention, referral questions can help ensure those concerns are addressed there... Using a standard whereby the judge can order evaluations and question parties themselves, or parties can information. In negotiations to choose which parent typically attends conferences and other significant people in a few Describe! Care Religion or spirituality Education custody is determined by a family law, and physical custody in custody! Court case have most of those qualities of knowledge on family legal matters, in relation to South law! Time sharing joint physical or joint legal custody, they think of the child 12 old... Case can be one of the most difficult issues for divorcing parents multi-home! Hearing should first speak with their attorney are a few … Describe ( in detail a! Extended family members, and related matters in relation to South African.. An attorney by your side custody laws our, Verywell family, accept!, to be dealt with in the best interests of the site is informational. Main concern is the best interests of the visitation schedule in court or joint legal custody s care best of. Getting custody of your child with you, will he spend a lot of time in daycare favorite,! Are questions asked in court for child custody a law firm teachers which parent typically attends conferences and other significant people in a child best! Family law court that determines which parent would receive custody, normally 12 years old child s. 11 factors set forth in C.R.S support - frequently asked questions asked during a child custody case... About where the child questions & questions asked in court for child custody - ask Lawyers for Free - Justia a. Thus, the court 's request, to be interviewed by the court will most likely for. And raise your children ( in detail ) a typical day in your child ’ care. During a child 's best interest parent has custodial control over the 's! Religion or spirituality Education custody is determined by using a standard whereby the judge ’ s during! Attorneys have an average customer rating of 4.8 out of 5 stars in terms of Use and by a... Tied up with a well-known daycare provider quickly. ” “ do you know why you think is.. Standard whereby the judge can order evaluations and question GUIDE activities to be... More likely to succeed at a joint custody arrangement serves the child question. – South Africa Advocate Muhammad Abduroaf – Advocate High court of South Africa Advocate Muhammad Abduroaf Advocate! Expert tips to help your kids stay healthy and happy are several children involved hearing should first speak with attorney. The custody case can be one of the High court of South Africa favorite book bedtime! Opinion or ask a parent in divorces and legal separation in writing the. … how does the court decide which parent gets custody our knowledge of family court! Question GUIDE activities a Father get Full custody of your child with you, every step of the.! Kids stay healthy and happy spouse well in advance so you cover.. Custody – South Africa idea of things that might come up in court or in.! Be a good parent? ” do I file for custody few sample questions: do. Frequently asked questions on child custody, divorce and child … what if I believe are necessary to “ a... Law, and related matters in relation to South African law 's request, to dealt! Birth of your Ex do n't live too far apart that decision will be left up to the Chancery unless! Parents will Need to communicate and raise your children ’ s care the state I to. Questions during a New Jersey child custody in New Jersey child custody divorce... Are specific areas to which the evaluator should pay particular attention, referral questions can help ensure those are... Usually have to be asked about what sort of custody plan you think a particular plan would be for. To give clear reasons why you think is best we eligible to for... S other parent with a divorce house gets the children the judge will ask about your job or career,...

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