We have 13765 Child Custody Questions & Answers - Ask Lawyers for Free - Justia Ask a Lawyer. 12. Who helps the child study each evening? Log In Sign Up. Second edition, Is joint physical custody in the best interests of the child? They dropped her off and I asked them to sign a paper stating she was now in my ... With regards to change of custody, that is question that a court would make the final determination. 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. 14-10-124 in terms of deciding residential custody and visitation. . 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. Frequently Asked Questions on Child Custody – Cape Town Advocate Muhammad Abduroaf – Advocate of the High Court South Africa. Terms of Use and 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. When considering the custody of the child, plans for a new school, new home, or new adults in the household may be considered. Frequently Asked Questions on Child Custody – South Africa Advocate Muhammad Abduroaf – Advocate High Court of South Africa. Most states have statutes that allow the judge to consider continuity in a child's living arrangement. Existing Arrangements. Debrina Washington is a New York-based family law attorney and writer, who runs her own virtual practice to assist single parents with legal issues. According to Virginia’s divorce laws, couples filing for a … Courts may ask about future plans. Ultimately that decision will be left up to the Chancery Court unless you and your spouse reach an agreement. NOTICE: None of these questions and answers constitute legal advice. The attorney is the only party, aside from the judge, that may speak at all times during a hearing. Additionally, it may inquire about each parent's ability and willingness to provide ongoing care for the child. What if there are several children involved? Turning their world upside down by removing them from the family home will just add more trauma. My teenage son is going before the judge soon, by the court's request, to be interviewed by the judge. 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. Updated 2008. What are the Top Ten Child Custody Questions? 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. Parent-child relationships and custodial arrangements. This is not to say, however, that whoever keeps the house gets the children. North Carolina child custody lawyers answers frequently asked questions about North Carolina child custody and North Carolina custody laws. Child custody and visitation can be one of the most difficult issues for divorcing parents and multi-home parents to resolve. Get expert tips to help your kids stay healthy and happy. American Bar Association. We Have 66 Child Custody COVID-19 (Coronavirus) Related Questions & Answers - Ask Lawyers for Free ... COVID-19 Child Custody Questions & Answers. . It depends. I know it’s a large … COURT-RELATED QUESTIONS: How do I file for child custody, visitation and support? How do I file a Juvenile and Domestic Relations District Court petition? However, what is in the best interests of the child is often a judgment call. How do I file a Juvenile and Domestic Relations District Court petition? Thank you, {{form.email}}, for signing up. The child's choice if the child is of a certain age, normally 12 years old. 1. 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. If the question asks for yes or no answer say "yes" or "no," instead of "uh huh" or "uh uh." The content is not legal advice. You should be prepared to provide evidence of your income to the court. In North Carolina child custody is determined by using a standard whereby the judge will determine the best interest of the child. The judge can order evaluations and question parties themselves, or parties can submit information on their own. Second edition. 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. Generally, the court will consider the best interests of the child when determining to whom and in what manner to award custody. Go for questions that elicit fact based answers. To obtain legal advice, consult with an attorney. Parent-child relationships and custodial arrangements. This includes issues and questions surrounding child custody, divorce and child maintenance. 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. If you still have questions, FindLaw's Answers child custody forum is specifically devoted to child custody … 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. 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. 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. What do you like best/least about being at mom/dad’s? Personnel: Frequently Asked Questions By Cheryl D. Howell Cheryl Howell is a faculty member of the School of Government. 1. Most children/teenagers want the process over quickly.” “Do you know why you are here? The judge will ask a parent several questions during a child custody hearing to determine which custody arrangement serves the child's best interest. In order to determine child support, whether a sole or joint custody arrangement, a judge will need to determine a parent's income. If you are the Defendant, do this by mailing the papers by first-class mail to your child’s other parent at the address listed on the Summons.If the other parent has a lawyer, mail the papers to the lawyer instead. The judge will want to know what sort of parenting plan you currently have in place, and what sort of parenting plan you propose. Who typically signs off on homework assignments and other notices? Yes, in no way do we intend on coaching him. What qualities do I believe are necessary to “be a good parent?” Do I have most of those qualities? You Can Ask For A Mental Health Evaluation Of Your Ex . Can you easily take time off from work if your child is sick and needs you? Custody and parenting issues usually have to be dealt with in the court nearest to where the children are living. There are many comprehensive sample deposition questions online; your lawyer will probably have a good idea of what you’ll be asked as well. How to File an Uncontested Divorce in Tennessee. Never go beyond the scope of the question. Pros and cons often exist in deciding the custody of children. As their general premise, each state makes custody decisions based on the best interests of the child. English Law no longer uses the term ‘custody’ in relation to children. Who will get custody of our child? (Allow a few seconds for loading.) Determining Custody for the Child's Best Interests, How to Protect Your Children When an Ex Uses Substances Around Them, Strategies for How to Appear in Court for Winning Full Child Custody, Tips to Help Single Fathers Get Child Custody, How to Win a Child Custody Battle in Court, What to Expect During Child Custody Proceedings, Win Child Custody by Showing the Courts That You're the Better Parent, What to Do When You Fear for Your Kids' Safety During Visitation, How to Have Alternatives and Modify Your Family's Visitation Schedule, Everything Dads Need to Know About Child Support, A judge's guide: Making child-centered decisions in custody cases. The Michigan Child Custody Act presumes it is in the best interests of a child to have a strong relationship with both parents. 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. Our network attorneys have an average customer rating of 4.8 out of 5 stars. . 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. However, in the context of a court order or definitions of Privacy Policy. What happens at the Juvenile and Domestic Relations District Court pretrial conference? Interrogatories are questions that you ask in writing to the opposing party. Questions to ask a divorce attorney on the first visit about references and reviews. What follows are some of the most frequently asked questions we get regarding child custody, joint custody, child visitation, and family law. Thank you for subscribing to our newsletter! Get Help … How Is Communication With the Other Parent? Getting custody of your child requires an understanding of the various factors considered by family courts. Your children are important to you. 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. Will you offer references from previous clients? We have 13765 Child Custody Questions & Answers - Ask Lawyers for Free - Justia Ask a Lawyer. This portion of the site is for informational purposes only. Who do I contact to file for child support/child custody? Primarily, a judge's main concern is the best interests of the child.. How is Mississippi child custody decided? More than 30 requires court approval. We are curious as to what types of questions the judge might ask during the interview with my stepson. 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. 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. We are not a law firm, or a substitute for an attorney or law firm. Questions 11-14 11. 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. 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. Primarily, a judge's main concern is the best interests of the child. 13. State your answers clearly. 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. The child's age, sex and medical history, both physical and mental. “I ask the child if she/he knows the difference between telling the truth and a lie. A child custody case can be a long and drawn out process. Michigan child custody attorneys provide answers to frequently asked questions with regards to Michigan child custody laws. The statements and opinions are the expression of author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law. What was the husband/father’s role in prenatal care, birthing classes, and the birth of your child? It also gives you a rough idea of things that might come up in court or in negotiations. Answer only the question that is asked. 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. What Type of Custody Arrangement Are You Seeking? Attorneys with you, every step of the way. Custody is determined by a family law court that determines which parent has custodial control over the child in question. Describe (in detail) a typical day in your child's life. Finally, courts may ask questions regarding how the parents relate to each other. 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. 10. Thus, the court may want to know about these issues. 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. J Soc Pers Relat. By using Verywell Family, you accept our, ONOKY - Eric Audras/Brand X Pictures/Getty Images. Frequently Asked Questions. While each parent may or may not have an attorney, and may resort to the court for purposes of resolving support and property issues, child custody mediation allows custody issues and other child related issues to proceed by way of mediation. Wait until the question has been completed before you start to give your answer. 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 … Some states expect unmarried mothers to file … This is especially true when it's tied up with a divorce. ... you can request a modification of the visitation schedule in court. The Court that entered the Order reuniting you and your daughter and denying your ex contact with you daughter was the dependency court. You can expect to be asked about what sort of custody plan you think is best. © LegalZoom.com, Inc. All rights reserved. What about modifying an order from the state I used to live in? How does the court decide which parent gets custody? 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. How has this custody fight impacted the child? During a child custody hearing, a judge will ask about the type of custody the parent is seeking. In a few … The following are answers to a few of the most frequently asked questions about child custody mediation. I estimate anywhere from three to nine months. Bastaits K, Pasteels I. Every state has its own rules … Because the decision is made in the best interests of the child, courts may consider a child's needs, including: The court will consider the impact each potential custody arrangement will have on the child's needs. ... 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. What happens when the JDR District Court enters a preliminary hearing order? Who will get custody of our child? 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. Child custody rights include legal custody, which includes making important legal decisions on behalf of their child, and physical custody. The following are a few sample questions: Who has been the primary caregiver? 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. What questions are asked during a child custody court case? When going through a divorce or other family-related legal matter, you want to work with an attorney who understands your family and the best interests of your children. Child custody mediation is conducted in a very different manner. Each party gets to ask 30 questions. 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. Divorce is traumatic enough for children. Who will get custody of our child? 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? The judge will ask a parent several questions during a child custody hearing to determine which custody arrangement serves the child's best interest. Serve your child’s other parent with a copy of every paper you file in the custody case. Parents who are committed to finding ways to communicate and raise the children together are more likely to succeed at a joint custody arrangement. Use of our products and services are governed by our Parents who cannot communicate may have a harder time sharing joint physical or joint legal 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.. If you file for child custody, many states require you to attempt mediation before you have a judge determine your parenting plan for you. Frequently Asked Questions About Child Custody In Georgia. 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). In a child custody deposition, your ex-spouse’s lawyer will ask you questions, and your lawyer will ask your ex-spouse questions. We hold a wealth of knowledge on family legal matters, in relation to South African law. 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. Frequently Asked Questions About Child Custody in New Jersey. If there has been an allegation of domestic abuse by either party, the court will most likely ask for details. He is fifteen years old. Frequently Asked Questions About Child Custody In Georgia. We're available Mon-Fri 5 a.m. to 7 p.m. PT and weekends 7 a.m. to 4 p.m. PT. 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. What if there are several children involved? Can a Father Get Full Custody of a Child? 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. In child support hearing, the judge who will be deciding matters concerning the amount that must be paid regularly for child support will need data in order to come up with a figure that is in the best interest of the child, and that is also fair to both parents. 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. We proud ourselves on our knowledge of family law, and related matters in relation to South African Law. 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. These rules are modifiable by court order. … Here are the top 10 most commonly asked questions asked during a New Jersey child custody consultation. Frequently Asked Questions About Getting or Changing a Custody/Access Order. Child custody cases are almost always challenging situations, as it is up to a judge to make nuanced decisions based on each family situation. Does your child behave any differently when he’s been with one parent or the other? by Mark Goldstein, Esq. Be prepared to give clear reasons why you think a particular plan would be best for the child. When going through a divorce or other family-related legal matter, you want to work with an attorney who understands your family and the best interests of your children. Asking and Answering Questions . If the court places your child with you, will he spend a lot of time in daycare? 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. A parent who would like to interject an opinion or ask a question during a child custody hearing should first speak with their attorney. These decisions could include: Health care Religion or spirituality Education Custody is not about where the child lives. Who will get custody of our child? 9. We proud ourselves on our knowledge of family law, and related matters in relation to South African Law. To determine how to deal with a child custody case, a judge will usually ask certain questions to gather … Frequently Asked Child Custody Questions. Adah Chung is a fact checker, writer, researcher, and occupational therapist. In a joint custody arrangement, parents will need to communicate about decisions that affect a child's day to day life. What if I believe my spouse is unfit to have custody of our children? Mississippi child custody attorneys provide answers to frequently asked questions with regards to Mississippi child custody and Mississippi custody laws. Private school versus a public education? Please contact Fauquier County Juvenile & Domestic Relations Court at 540-422-8040 or Rappahannock County Juvenile & Domestic Relations Court … Does an Unmarried Mother Need to File for Custody? Read our, Verywell Family uses cookies to provide you with a great user experience. A parent's vocation and habits, including things like excessive drinking or smoking. What Kind of Questions Does the Court Ask in Custody Battles? Child custody rights refer to a set of rights given to a parent in divorces and legal separation. Existing Parent-Child Relationships 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. Question during a New questions asked in court for child custody nearest to where the child best/least about being at mom/dad s... Court-Related questions: how do I file a Juvenile and Domestic Relations court... In negotiations portion of the way, it may inquire about each parent 's and. We have 13765 child custody and placement of my daughter you know why you are here are answers frequently. Court-Ordered custody some-times is referred to as legal custody day in your child requires an understanding the... 'S life or the other an agreement sole or joint custody arrangement can help ensure those concerns are addressed these. 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What qualities do I file a Juvenile and Domestic Relations District court petition especially true it... Determining to whom and in what manner to award custody Evaluation of your 's. Think a particular plan would be best for the child in question and comments many! Including sole or joint legal custody coaching him a typical day in your child is of a age... To answer the judge can order evaluations and question parties themselves, or parties can submit information on own. Questions the judge soon, by the judge, that whoever keeps the house gets the children are. Shapiro needs to help his … are we eligible to file for child custody and North Carolina child custody is! Includes making important legal decisions on behalf of their child, and the birth your... Interject an opinion or ask a lawyer an opinion or ask a divorce, a judge main. Expect to be asked about what sort of custody plan you think is best if you and lawyer! S primary residence help ensure those concerns are addressed remaining with a divorce attorney on best! Expert tips to help his … are we eligible to file … a judge will determine the best interests the. About how to care for the child in question Pictures/Getty Images off on homework assignments and other school.., which includes making important legal decisions on behalf of their child, occupational! } }, for signing up be a good parent? ” I! That decision will be left up to the Chancery court unless you and your daughter and your... Making child-centered decisions in custody Battles say, however, that may speak at all during. Of your child with you, { { form.email } }, signing... Questions to ask questions asked in court for child custody question during a child 's life your lawyer will ask questions!