Child Custody And You
Chances are you don’t really know how to get something started up in family court, or maybe you’ve been in and out of the court room for the past year and a half and you still have some questions. You’re not alone. The most common questions are, “How are decisions in regards to custody and visitation made?”, “How does the judge make up his mind?”. Good question. Custody Decisions As Married Parents If you’re married and trying to make a decision about custody, it’s going to go one of two ways. Either, you and the other parent are going to come to some kind of mutual agreement that’s in the child’s best interest, or the judge will make a decision for you. It’s much more beneficial for everyone if you and the mother or father work something out. You can go through mediation or have an attorney facilitate the negotiations. Either way, find a way to shake on it. If the other parent is incarcerated or out of the picture or unable to make sound decisions the judge will make a default decision. Each situation is going to be unique. The judge sees a lot of these cases but no two are alike.
What If I’m Not Married To The Other Parent? Well there’s a procedure for that too. In most cases, the mother is going to get the child, unless there is a good reason for this not to happen or the father does something about it. If you’re an unwed father, you’ve got a little bit of work ahead of you if you’re serious about being this child’s father, it’s a big Paternity If the mother and father are married, the father’s name goes on the birth certificate and he gets all the legal rights to the child. If this is not the case then there needs to be proof that the child is indeed yours/his and not some else’s. Getting custody of a child that isn’t yours, biologically, is much more difficult. You’re going to want to be able to make decisions on your child’s behalf and know who they are going to be living with etc. It’s going to be important for the judge to see factual evidence that you’re a good parent with a steady job and a stable home. The right demeanor is crucial here as well. Present yourself in a responsible way. Tell the truth, shoot straight and keep moving.