Sunday, November 29, 2009

Child Custody Forms And What You Should Know About Them

One of the touchiest subjects a divorcing couple will face is the issue of child custody. Parents are extremely passionate and protective of their children, for this reason, filing child custody forms should take a lot of time and deep thought before making any major decisions. Several vital matters come to mind when putting together a custody agreement. Who should obtain custody? Is joint custody a realistic option? How will time with the children be divided? Who gets the children on the holidays? Which individual pays child support? You can see this is no simple matter, in fact child custody cases can be quite complicated.

Custody laws vary from state to state, but there are some basics that apply across all states. Parents seeking custody should familiarize themselves with these main ideas before initiating the process so that everything goes as planned and they get what they think is fair or needed.

If one of the individual parents has a custody concern, that parent would submit a petition and summons for child custody (actual forms may differ depending on the home state) to the county court. Once the parent being served recieves these documents they will need to file a response to the petition if they wish to fight it and retain custody of the children themselves. Neither parent is allowed to take the children out of the state during this time without written consent of the other parent as well as the courts permission.

There are several legal fees attached to filing child custody forms and the following proceedings. Individuals have the ability to file additional papers to waive these fees if for some reason they are unable to pay them. Your local courthouse should be able to provide you with more information about these documents.

There are several other forms that will be required by the court in addition to the ones listed above. A full description of both parents income and expenses will be expected, so if those seeking a child custody order should have financial statements prepared to submit along with these forms.

Also documents describing what type of custody (joint custody, temporary child custody, etc.) the parents are seeking will be needed. A full calendar work up and visitation schedule (including holidays) is very helpful in many cases and the court looks favorably on those who have these prepared. There are several easy to use software programs out there that can help you with these schedules.

These are the fundamental child custody forms you will find in most states. Further research is needed to determine what additional papers your state court system may require. Leave nothing to chance. Afterall these are your children.