Initiating a Case  

Once you have decided to separate or file a petition for paternity, the next step involves requesting court ordered custody and visitation. You will be requesting these custody and vistiation orders as part of an existing case, or as part of petition to initiate a divorce or paternity. In most courts, custody and visitation orders are only granted as part of a preexisting court action involving both parents (i.e. a divorce or paternity).  The following Actions can be used to request child custody and visitation:  Divorce (aka Dissolution of marriage): Temporary and permanent custody and visitation orders can be requested.  Once a judgment has been granted, modifications to original orders can be requested under this court case and no new action is needed.  Legal Separation: If you do not want a divorce but no longer plan on living with your spouse, you may file a motion for legal separation, and request custody and visitation orders from the court.  Paternity: When the parents are not married, a paternity action must be initiated in order to receive court orders for child custody and visitation.  Domestic Violence Restraining Order: If you are currently dealing with a situation involving domestic violence against you and/or your children, you may need to file a restraining order with temporary custody and visitation.  Depending on the jurisdiction, you may need to file an additional request or order to show cause in order to receive a custody and visitation order from the court.  If you need to initiate a divorce, paternity, or domestic violence restraining order, Family Court Pro Se can help you complete all the necessary paperwork.  Building on an Open Case  If you have an open family law case or a prior judgment in family court, you may use your previous court action as the basis for new or modified custody and visitation orders. The first step involves filling out the court required forms to initiate a hearing for custody and visitation, and then filing those forms with the court. You will then either be sent to mediation or receive a hearing date where both parents can present their side of the story. Once the Judge has considered all the evidence, either an order will be entered by the court, or the parents may be ordered to mediation. Once the court is satisfied that the new orders are in the best interests of the child, those orders will become binding until such time as the child reaches the age of 18 or is emancipated, unless another modification is requested at a later date.  Family Court Direct can help facilitate the paperwork for custody and visitation orders or modifications.  Preparing a Custody and Visitation Schedule  Before heading to court, you and the other parent should first attempt to develop your own parenting plan. A parenting plan can map out a course of action that will allow you and the children of the relationship to better cope with the separation. In some cases, mediation can help parents quickly develop a mutually agreed upon parenting plan which can ease both parties and children during subsequent court proceedings.  When attempting to work out a parenting schedule, aim for cooperation and calm. Try to remove any feelings of animosity or defensiveness when communicating with the other parent, and try to keep an open mind. While you may not be able to agree on an ideal parenting plan, if you keep the lines of communication open you will have a better chance of coming to a decision that is acceptable to both parents while also helping the child cope with separated parents.  As your children mature, their needs and wants will change, and so you will most likely continue to revisit and modify your parenting plan. Younger children may benefit more from joint physical custody, for example, because the ability to spend more custodial time with each parent can foster a sense of stability and equilibrium. As your children get older, outside responsibilities can affect their schedule, including school events and extracurricular activities. Adolescents and preteens may benefit from having a “home base” that allows them to establish one residence while also having easy access to the non-custodial parent through shared visitation.  There are many services available to parents who need help crafting a parenting plan. Your local courts may provide counseling or guidance, and your community may also host workshops or nonprofit organizations committed to promoting healthy, happy families. The internet is also an amazing resource and can provide easy information at your fingertips. Here at Family Court Process, through our network of independent legal professionals we have experience in directing you to resources for your family law needs.

Overview

When the parents of minor children have decided to terminate their marriage and/or initiate paternity proceeds, the courts will order child custody and visitation based on all the information submitted by both parties with consideration for that is “in the best interest of the child.”  While you may have strong opinions of what is considered best for your child, be aware that the court is  meant to be a neutral third party tasked with developing a plan that will optimize the child’s comfort and wellbeing. The feelings and expectations of the parents are not of paramount interest to the court, especially if they appear to conflict with the child’s needs.  When preparing to request a custody and visitation order from the court, it is important that you prioritize your child’s interests and wellbeing, while also accounting for evolving needs and future expectations.   Explore developing a parenting plan, either alone or in cooperation with the other parent.  A parenting plan can map out a course of action that allows you and the children of the relationship to better cope with the separation.  In some cases, mediation can help parents quickly develop a mutually agreed upon parenting plan which can ease both parties and children during subsequent court proceedings.  When attempting to work out a parenting schedule, aim for cooperation and calm.  Try to remove any feelings of animosity or defensiveness when communicating with the other parent and try to keep an open mind.  While you may not be able to agree on an ideal parenting plan, if you keep the lines of communication open you will have a better chance of coming to a decision that is acceptable to both parents while also helping the child cope with separated parents.

Changing Custody and Visitation

Circumstances change, and while you may try your best to plan for the future, many child support, custody and visitation orders need to be modified. This could be due to variations in income, or the need to switch residences, or even just accommodate your children’s evolving educational and recreational requirements. As long as you can provide adequate proof new orders are needed, most courts will grant modifications to child support, custody, and visitation through a simple motion or order filed by either parent.

A variety of factors can impact child custody and visitation, including remarriage, relocation and changes to the child’s own school and extracurricular activity schedules.  At any time before the child reaches the age of 18, either parent can petition the court to request a change to child custody and visitation.  In some states, if a child has reached a certain predetermined age (i.e. 16 years old), a court may also allow for the child to petition on their own to change child custody or support.

Child custody is generally divided into legal custody and physical custody. Legal custody involves the right and responsibility to make decisions related to the child’s medical care, education, religion and other child-rearing related issues. Physical custody, on the other hand, involves parental right to have the child physically reside with the parent. Physical custody can be either sole or joint custody. Legal or physical custody (or both) can be changed through filing a request for modification with the court that originally granted the custody orders. Additionally, in some states, both parents can consent to a modification at any time, without the need for a formal order of the court. The ability to come to an agreement about custody and visitation without a formal court order will depend on the individual state laws and regulations.

Child custody and visitation can be modified at any time, as long as the court determines that the modification is “in the best interest of the child.” Most of the time, the court will attempt to ensure that the child is provided with a safe and stable environment. In many states, the court will also balance the need for a “traditional family environment” against other factors such as the child’s age, the child’s primary residence and school district, and whether the current or proposed living arrangement has any chance of exposing the child to physical or emotional harm. If the parents cannot come to an agreement, a hearing date will be set so that both sides may appear and offer arguments in support of their individual custody and/or visitation requests. Once the judge issues a decision, a new court order will be signed by the parties and become legally binding. These new orders can be modified again in the future at any time, as long as substantial changes in circumstances can be established by one or both parents.

Though it can feel overwhelming, the truth is that the court is dedicated to protecting your child above all else.  When it comes to custody and visitation, modifications can often be achieved quickly and easily.

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If you are in danger now or fear for your safety, please call “911.”

For more information about domestic violence, please call The National Domestic Violence Hotline at (800) 799-7233 TDD – (800) 787-3224. Please contact local law enforcement for assistance.

Custody Laws and Domestic Violence

Every state has laws that deal specifically with child custody and visitation cases that involve domestic violence.  Once the court determines that there is a threat of new or continued domestic violence, the court will most likely err on the side of safety by ordering sole legal and physical custody to the non-violent parent.  The amount of time that has passed between an incident of violence or abuse and the hearing date will bear little impact on the final order, though the judge will have discretion to consider extenuating circumstances and attempts at counseling or rehabilitation.In some cases, a judge may allow joint custody and visitation when domestic violence has taken place in the past as long as certain guidelines have been followed and specific requirements have been fulfilled.
 

Supervised Visitation 

When the child’s safety or welfare while in the care of one or both parents is questioned, the courts may order supervised visitation.  In most cases, any evidence of domestic violence will automatically involve some sort of court oversight until such time as the home environment is considered safe for the child.  Supervised visitation is most often ordered to help parents reintroduce themselves after an estrangement, or to ensure that the child does not suffer from abuse or neglect while in the care of either parent.  Supervised visitation may also be ordered in situations where there is a history of mental illness or a threat of parental abduction. When supervised visitation is ordered, a supervised visitation provider will be called upon to be present during parental visitation.  The provider can be a paid professional, or an impartial friend or family member.  The visitation supervisor will be present for the entire visit, and will observe behavior and note conversation, while paying close attention to how the visit is unfolding between the parent and child.  The provider can, if necessary, interrupt or end a visit if the provider feels the child is endangered. Whether the supervised visitation provider is professional or a family friend or relative, anyone supervising visitation as part of a court order will most likely be required to fulfill a training or educational session provided by the court.  Each court will have its rules and regulations regarding who can qualify as a supervised visitation provider. Supervised visitation can be emotional and frustrating.  It can help to prepare your children so that they know what to expect during the visit.

Child visitation orders can be complex, depending on the needs and wishes of all parties involved.  In general, the courts will aim to craft a visitation schedule that is reasonable to both parties, allowing the noncustodial parent to sustain important parental bonds and foster the child-parent relationship.  Visitation orders will address regular visitation (weekends, summer vacation) and special circumstances including holidays, family events, and school events.  Visitation orders may also determine the parent’s participation in field trips, sporting events, and other extracurricular occurrences.

In cases where the child’s health or safety is at issue, the court may order supervised visitation.  In such instances, the noncustodial parent will be allowed access to the child only under very specific circumstance monitored by another party. The other parent, another family member, or even a court appointed guardian may be ordered.  In extreme cases, the courts may determine that visitation is not appropriate, and no visitation orders will be granted.  In these extreme situations, visitation will be denied if there is clear evidence that the child’s immediate health and safety are endangered.

A parenting plan is a good thing to have when it comes to requesting child custody and visitation orders. The best parenting plan is one that prioritizes your child’s interests and wellbeing, while also accounting for evolving needs and future expectations.  You should explore developing a parenting plan, either alone or in cooperation with the other parent.  A parenting plan can map out a course of action that will allow you and the children of the relationship to better cope with the separation.  In some cases, mediation can help parents quickly develop a mutually agreed upon parenting plan which can ease both parties and children during subsequent court proceedings.

When attempting to work out a parenting schedule, aim for cooperation and calm.  Try to remove any feelings of animosity or defensiveness when communicating with the other parent and try to keep an open mind.  

Court System

If you and the other parent cannot come to an agreement regarding child custody and visitation, the judge may direct you to mediation.  In certain instances, the judge may decide that an independent custody evaluation is needed, and some courts even allow a parent to request an evaluation.  In particularly contentious situations, the judge may even appoint independent legal representation for the children in order to ensure that the child’s best interests are being represented.

Types of Visitation

Supervised Visitations  When the child’s safety or welfare while in the care of one or both parents is questioned, the courts may order supervised visitation. In most cases, any evidence of domestic violence will automatically involve some sort of court oversight until such time as the home environment is considered safe for the child. Supervised visitation is most often ordered to help parents reintroduce themselves after an estrangement, or to ensure that the child does not suffer from abuse or neglect while in the care of either parent. Supervised visitation may also be ordered in situations where there is a history of mental illness or a threat of parental abduction.  When supervised visitation is ordered, a supervised visitation provider will be called upon to be present during parental visitation. The provider can be a paid professional, or an impartial friend or family member. The visitation supervisor will be present for the entire visit, and will observe behavior and note conversation, while paying close attention to how the visit is unfolding between the parent and child. The provider can, if necessary, interrupt or end a visit if the provider feels the child is endangered. Whether the supervised visitation provider is professional or a family friend or relative, anyone supervising visitation as part of a court order will most likely be required to fulfill a training or educational session provided by the court. Each court will have its rules and regulations regarding who can qualify as a supervised visitation provider.  Supervised visitation can be emotional and frustrating. If you are the parent participating in supervised visitation, it is natural to feel uncomfortable and experience tension. There are some things you can do to make sure the visit runs smoothly, including: arriving on time, avoiding conversation with your child about the court case, refusing to involve your child in disputes you may have with the other parent (including using the child to pass messages to the parent), keeping goodbyes brief and positive. For the custodial parent, supervised visitation can also be stressful, especially in cases where domestic violence has occurred. It can help to prepare your children so that they know what to expect during the visit (explain the location, the duration, who will be present), and avoid asking the child for details of the visit once the child returns to your home.

The Law Behind Custody and Visitation

 Defining “the best interests of the child”  When the courts are tasked with determining child custody and visitation for a minor child in a family law matter, their primary concern is what orders will be in the best interests of the child. For the courts, “the best interests” is a specific phrase meaning that all custody and visitation orders must promote the child’s health and well-being above all else. This means that the courts will balance the child’s relationship with each parent against the challenges of dividing custodial time between both parties. In other words, as far as the family courts are concerned, the child’s needs come first.  As you begin deciding how you would like to proceed when asking the court to make child custody and visitation orders, it is important that you remember that your success depends on how well you plan for your child/children’s happiness and comfort. When making decisions about your children during a divorce or custody proceeding, you should make every attempt to set aside your personal feelings and concerns and instead focus on how you can ease your child through this difficult transition.  How the Court Decides  First and foremost, the court will make its final custody and visitation orders based on the reasonable preferences of the child (if the child is of age to adequately express their wishes and concerns) and/or the health and safety needs of the child. The court will also consider the mental health and physical health of the parents, as well as any and all religious and cultural considerations. The child’s ties to extended family and the community are also considered, as are the child’s ability to maintain stability in both residence and schooling. The court will delve deeply into your family’s dynamics to ensure the child will not be exposed to substance abuse or physical/emotional abuse while in the custody of either parent. The court may also allow testimony from grandparents, extended family, and any other community connections (coaches, teachers, mentors) that could impact the child’s custody and visitation schedule.  Coming to an Agreement  When preparing to request a custody and visitation order from the court, it is important that you prioritize your child’s interests and wellbeing, while also accounting for evolving needs and future expectations. You should explore developing a parenting plan, either alone or in cooperation with the other parent. A parenting plan can map out a course of action that will allow you and the children of the relationship to better cope with the separation. In some cases, mediation can help parents quickly develop a mutually agreed upon parenting plan which can ease both parties and children during subsequent court proceedings.  When attempting to work out a parenting schedule, aim for cooperation and calm. Try to remove any feelings of animosity or defensiveness when communicating with the other parent and try to keep an open mind. While you may not be able to agree on an ideal parenting plan, if you keep the lines of communication open you will have a better chance of coming to a decision that is acceptable to both parents while also helping the child cope with separated parents.  Here at Family Court Direct, we understand that decisions involving yo.ur children are fraught with anxiety and concern. By supplying you with tools you need to navigate the family court system, Family Court Direct can take the guesswork out family court actions and help you to clearly and efficiently present your case to the family courts. Family law matters can be stressful and draining, allow us at Family Court Process remove some of the burden with our easy family law document preparation.

Responding to a Request for Child Support

 If the other parent requests that you pay child support, you will receive a notice for the court stating the amount due and the due date.  In some cases, the court may order child support even if there has been no request filed by the other parent if the child is in protective custody, foster care, or the court determines during a review of the case facts and findings that the minor child or children need additional financial support.  If you and the other parent have an agreement or stipulation for child support, the court may follow that agreement or make new orders depending on what the court determines is in the best interest for the child.  

Summons or Notice of Hearing

If you receive a Summons or a Notice of Hearing regarding child support, it is important that you file a response within the deadline indicated on the paperwork you receive from the court.  If you fail to appear or file a response, the court may order child support in absentia, and you will be legally bound to pay the amount ordered by the due date or face penalties and further sanction from the court.  In some cases, you can respond to child support requests as part of your response to a divorce or paternity petition, or if you are responding to a Domestic Violence Restraining Order.  In all cases, it is important that you file the correct paperwork in a timely fashion in order to avoid a default judgment filed by the court in your absence.

In any Legal Situation, it can be less stressful to view the Court System as a Process instead of a single stressful event. If you keep that overview and follow and respond to all notices, it can make the situation less overwhelming.

Child Support FAQs

Can the parents agree to child support? Yes, both parents can work together to develop a child support request that can be submitted to the court for consideration.  If the court finds that the stipulation or agreement can adequately provide for the child’s care and wellbeing, then the court will enter the parental agreement as the current child support order. When should I ask the court to change a current child support order? You should request a modification of a current child support order when the financial circumstances of either parent have significantly changed since the court entered the initial child support order.  Additionally, if the child’s needs have changed due to special health or educational circumstances, it may also be appropriate to request a modification from the court. Does custody affect child support? Yes, the courts will consider the amount of time the child spends in the custody of each parent when determining child support.  While custodial custody can impact the amount of child support owed by one or both parents, it is only one of several factors the courts take into account when deciding child support. What should I do if I owe back child support? If you find that you have an outstanding child support balance as a result of court ordered child support, it is important to act quickly in order to avoid additional penalties or criminal liability. If you never received any papers from the court regarding child support, you may be able to petition the court to request that the default judgment be “set aside” so that you may respond to the initial child support request and provide information that could modify the amount ordered. Getting a child support order set aside is complicated and not at all guaranteed.  It is also important to keep in mind that child support payments remain in full effect until the court enters a new child support order. If you did receive notice but failed to pay child support for some other reason, you will be responsible for all child support owed from the date of the original order until you file a request for modification or termination of child support. If you have had your license suspended or wages garnished, you may be able to petition the court to request that the suspension or garnishment be lifted if you can show that in doing so, your ability to pay past-due child support will improve dramatically. In many states, you may also be liable for additional interest and penalties assigned to any past due child support payments. The entire amount of child support owed (plus interest and penalties) will continue to be due until paid in full by the responsible party. Child support arrears cannot be discharged in bankruptcy, and the courts can modify only future child support payments. Can I go to jail for failing to pay child support? In some states, failure to pay child support can result in a “contempt of court” violation with additional penalties, including jail time. Should you find yourself facing criminal charges as a result of unpaid child support, you have the right to an attorney and the court will provide an attorney if you cannot afford one. Will I still owe child support if my parental rights are terminated? In some cases, the courts will terminate the parental rights of one parent if the child will be adopted or has been removed from the home as part of protective orders issue by the court. If your parental rights are terminated, you will no longer be responsible for providing financial support for the child. It is important to keep in mind that child support payments remain in full effect until the court modifies or terminates current child support order. What if one parent lives in or moves to another state? Although each state has its own laws and regulations regarding child support, all states are required to cooperate with the enforcement of child support orders entered by another state’s court.  Generally speaking, if one parent lives in a different state, the Uniform Interstate Family Support Act will be triggered, allowing the parent’s resident state to enforce child support orders issued in the state where the family law court case was established.  

Requesting Child Support

In order to request a child support order from the court, you must already have a current family court case or be initiating a family court case. Generally speaking, child support orders can be issued as part of divorce proceeds, paternity proceedings, and – in some cases, as part of Domestic Violence Restraining Orders.  If you are already a party in an ongoing family court case, then you can include your child support request in your initial petition, or as a follow-up request prior to finalization of your case.  If your family court case has already reached resolution, you can ask for a modification of the final orders at any time.  If you do not currently have an open case in front of the family court, you can request child support as part of your initial divorce or paternity petition, or as party of a Domestic Violence Restraining Order request.  In some cases, the courts will issue child support orders while a case is still ongoing, and those orders can also be modified as the case proceeds pending a change in circumstances or if additional information is provided to the courts.  If you and the other parent can come to an agreement regarding child support, you may submit your agreement to the court as part of a Stipulation for Child Support.  The court will take your request into account, and will most likely agree to your stipulation as long as the child support request can adequately provide for the care and wellbeing of the child

Requesting a Change to a Child Support Order 

Once a court has ordered child support, those orders remain in effect until the child reaches the age of 18, or is considered emancipated via court order, enrollment in the US military, marriage or death.  While child support orders are enforceable upon criminal penalty and civil sanction, the orders themselves can be changed at any time by one or both parents.  Generally speaking, child support can be changed when the income of one or both parents has changed, or there has been a significant change in one or both parents’ earning capability (due to incarceration, job change, or health issues) or the child’s own needs have significantly changed.  Remember that child support orders remain in effect until final order of the court – you should make every effort to pay the amount ordered on time until the court delivers a modified or terminated child support order.  Requesting a change in child support can trigger unexpected changes to the current court order. Once the court has taken all the new information and extenuating factors into account, either parent could end up being ordered to pay more than the original order. It is important to consider all of the economical circumstances impacting you, the child, and the other parent before requesting a change to the current child support order.  It is important to request a change to child support immediately after a significant change in the financial situation of you or the other parent.  The current child support orders will remain in effect until the new orders are issued by the court, and in many cases the court’s order will not apply to previously due child support payments. In order to avoid additional penalties or civil/criminal sanctions, make every effort to pay the current child support order in full and on time until the court renders a new verdict.

Responding to a Request for Child Support 

If the other parent requests that you pay child support, you will receive a notice for the court stating the amount due and the due date.  In some cases, the court may order child support even if there has been no request filed by the other parent if the child is in protective custody, foster care, or the court determines during a review of the case facts and findings that the minor child or children need additional financial support.  If you and the other parent have an agreement or stipulation for child support, the court may follow that agreement or make new orders depending on what the court determines is in the best interest for the child.  If you receive a Summons or a Notice of Hearing regarding child support, it is important that you file a response within the deadline indicated on the paperwork you receive from the court.  If you fail to appear or file a response, the court may order child support in absentia, and you will be legally bound to pay the amount ordered by the due date or face penalties and further sanction from the court.  In some cases, you can respond to child support requests as part of your response to a divorce or paternity petition, or if you are responding to a Domestic Violence Restraining Order.  In all cases, it is important that you file the correct paperwork in a timely fashion in order to avoid a default judgment filed by the court in your absence

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Have you opened a new location, redesigned your shop, or added a new product or service? Don't keep it to yourself, let folks know.

Customers have questions, you have answers. Display the most frequently asked questions, so everybody benefits.

If customers can’t find it, it doesn’t exist. Clearly list and describe the services you offer. Also, be sure to showcase a premium service.

Having a big sale, on-site celebrity, or other event? Be sure to announce it so everybody knows and gets excited about it.

Are your customers raving about you on social media? Share their great stories to help turn potential customers into loyal ones.

Running a holiday sale or weekly special? Definitely promote it here to get customers excited about getting a sweet deal.

Have you opened a new location, redesigned your shop, or added a new product or service? Don't keep it to yourself, let folks know.

Customers have questions, you have answers. Display the most frequently asked questions, so everybody benefits.

If customers can’t find it, it doesn’t exist. Clearly list and describe the services you offer. Also, be sure to showcase a premium service.

Having a big sale, on-site celebrity, or other event? Be sure to announce it so everybody knows and gets excited about it.

Are your customers raving about you on social media? Share their great stories to help turn potential customers into loyal ones.

Running a holiday sale or weekly special? Definitely promote it here to get customers excited about getting a sweet deal.

Have you opened a new location, redesigned your shop, or added a new product or service? Don't keep it to yourself, let folks know.

Customers have questions, you have answers. Display the most frequently asked questions, so everybody benefits.

If customers can’t find it, it doesn’t exist. Clearly list and describe the services you offer. Also, be sure to showcase a premium service.

Having a big sale, on-site celebrity, or other event? Be sure to announce it so everybody knows and gets excited about it.

Are your customers raving about you on social media? Share their great stories to help turn potential customers into loyal ones.

Running a holiday sale or weekly special? Definitely promote it here to get customers excited about getting a sweet deal.

Have you opened a new location, redesigned your shop, or added a new product or service? Don't keep it to yourself, let folks know.

Customers have questions, you have answers. Display the most frequently asked questions, so everybody benefits.

If customers can’t find it, it doesn’t exist. Clearly list and describe the services you offer. Also, be sure to showcase a premium service.

Having a big sale, on-site celebrity, or other event? Be sure to announce it so everybody knows and gets excited about it.

Are your customers raving about you on social media? Share their great stories to help turn potential customers into loyal ones.

Running a holiday sale or weekly special? Definitely promote it here to get customers excited about getting a sweet deal.

Have you opened a new location, redesigned your shop, or added a new product or service? Don't keep it to yourself, let folks know.

Customers have questions, you have answers. Display the most frequently asked questions, so everybody benefits.

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Get the legal support you need to manage complex Immigration matter.

Get the legal support you need to manage complex Immigration matter.

Get the legal support you need to manage complex Immigration matter.

Get the legal support you need to manage complex Immigration matter.