Helping To Understand Child Custody Laws
Monday, 28 June 2010 07:45 | 
Written by Carlton T. Driver |
Once you and your spouse become involved in a divorce action, and you have children, it is important to have a full understanding of the child custody laws as they might apply to your personal situation. Custody laws establish both the rights and obligations of the non-custodial and custodial parent. Trying to understand these laws can be difficult, so here are some general principles that may be of help to you during this process. If you have an understanding of what is involved in the custody process, it may allow you minimize the impact the situation will have on your children.
Once you and your spouse become involved in a divorce action, and you have children, it is important to have a full understanding of the child custody laws as they might apply to your personal situation. Custody laws establish both the rights and obligations of the non-custodial and custodial parent. Trying to understand these laws can be difficult, so here are some general principles that may be of help to you during this process. If you have an understanding of what is involved in the custody process, it may allow you minimize the impact the situation will have on your children.
Consult the Court With Jurisdiction in Your Case
The whole process begins with an knowledge of the custody laws that apply to your case. Custody laws are established by the States, so it is vital to know which State's laws apply in your situation, if your former spouse is living in another state. As an example of the disparity between States, in a case where a custodial parent fails to follow the visitation rules established by the court in a custody case, there are at least two possible courses of action. In some States, the non-custodial parent can file a lawsuit against the custodial parent if they will not cooperate. In other States, the non-custodial parent can request that the court issue a warrant against the custodial parent for non-compliance with the order.
The court which has jurisdiction in a case does not automatically change if the custodial parent moves the children to another State. For example, if a custody ruling was established by a court in Florida, and the custodial parent then moves with the children to Arkansas, The Florida court is still the court of jurisdiction in the case. This can, however, be changed by a mutual request from both parents.
Look for Support From Support Groups
Figuring out which laws apply in your situation is just the first step in the process. You may be able to find a great deal of help in understanding the details of your case by seeking help from support groups that are in your area. One example of such a group is the Children's Rights Council, which is organized in most, if not all, States. Locate the one nearest you by using an Internet Search Engine. If you join the CRC, you may be eligible to receive legal advice from lawyers who provide help for members of the organization, and can help you to understand your rights and obligations in the custody system. There are also support groups that provide help for single fathers and mothers as well.
Make Use of Resources Available on the Internet
Resources that can be found on the Internet can be of great help in finding out how the custody laws in your area have been applied to previous cases which might be like your own. A search of online sources may also provide you with ideas and strategies that may be useful if your spouse later fails to comply with the conditions of the custody ruling, after it's been decided. You can also find a variety of e-books and guides which can be purchased, and can sometimes provide a resource for finding facts and explanations that you can make use of. It is very important, however, to be certain that the guide is written by an author, or authors, who are really qualified to provide such advice.
Going through a divorce, with its custody struggles, is likely to turn out to be one of the most trying and stressful times of your life. In spite of that, many divorced parents are able to find a way to arrange custody in a way that ultimately serves the best interests of their children. While you and your former partner are no longer living together, you can, and certainly should, make every effort to see that your children receive the love, affection, and care that they need from the two of you. If you have a firm grasp of the custody laws that apply to your case, you will find it to be a very useful tool, should there be any future disagreements about the children's situation.
Once you and your spouse become involved in a divorce action, and you have children, it is important to have a full understanding of the child custody laws as they might apply to your personal situation. Custody laws establish both the rights and obligations of the non-custodial and custodial parent. Trying to understand these laws can be difficult, so here are some general principles that may be of help to you during this process. If you have an understanding of what is involved in the custody process, it may allow you minimize the impact the situation will have on your children.
Consult the Court With Jurisdiction in Your Case
The whole process begins with an knowledge of the custody laws that apply to your case. Custody laws are established by the States, so it is vital to know which State's laws apply in your situation, if your former spouse is living in another state. As an example of the disparity between States, in a case where a custodial parent fails to follow the visitation rules established by the court in a custody case, there are at least two possible courses of action. In some States, the non-custodial parent can file a lawsuit against the custodial parent if they will not cooperate. In other States, the non-custodial parent can request that the court issue a warrant against the custodial parent for non-compliance with the order.
The court which has jurisdiction in a case does not automatically change if the custodial parent moves the children to another State. For example, if a custody ruling was established by a court in Florida, and the custodial parent then moves with the children to Arkansas, The Florida court is still the court of jurisdiction in the case. This can, however, be changed by a mutual request from both parents.
Look for Support From Support Groups
Figuring out which laws apply in your situation is just the first step in the process. You may be able to find a great deal of help in understanding the details of your case by seeking help from support groups that are in your area. One example of such a group is the Children's Rights Council, which is organized in most, if not all, States. Locate the one nearest you by using an Internet Search Engine. If you join the CRC, you may be eligible to receive legal advice from lawyers who provide help for members of the organization, and can help you to understand your rights and obligations in the custody system. There are also support groups that provide help for single fathers and mothers as well.
Make Use of Resources Available on the Internet
Resources that can be found on the Internet can be of great help in finding out how the custody laws in your area have been applied to previous cases which might be like your own. A search of online sources may also provide you with ideas and strategies that may be useful if your spouse later fails to comply with the conditions of the custody ruling, after it's been decided. You can also find a variety of e-books and guides which can be purchased, and can sometimes provide a resource for finding facts and explanations that you can make use of. It is very important, however, to be certain that the guide is written by an author, or authors, who are really qualified to provide such advice.
Going through a divorce, with its custody struggles, is likely to turn out to be one of the most trying and stressful times of your life. In spite of that, many divorced parents are able to find a way to arrange custody in a way that ultimately serves the best interests of their children. While you and your former partner are no longer living together, you can, and certainly should, make every effort to see that your children receive the love, affection, and care that they need from the two of you. If you have a firm grasp of the custody laws that apply to your case, you will find it to be a very useful tool, should there be any future disagreements about the children's situation.
About the Author:
Download two FREE reports about Child Custody issues, and learn a lot more about how to prevail in a Child Custody Proceeding by going to: Child Custody Reports. There, you will also be able to learn about a Comprehensive Guide to Child Custody Strategies.
