Are you looking for information about child custody cases? Two important types of child custody cases parents should be familiar with are initial custody determination cases and modification cases. It is important for parents not only to be aware of these two types of cases but also have an understanding of the issues surrounding them.
Initial Custody Determination Cases
An initial custody determination refers to the award of custody at the beginning of the divorce or separation. The best interest of the child is typically the standard for custody determinations in most all states. Two common situations that involve children that may require an initial custody determination is when unmarried parents separate or when married parents divorce.
- Unmarried Child Custody Cases
An unmarried child custody case can present another layer of complexity for fathers because an unmarried dad may not be presumed to have child custody rights without first establishing paternity. Once paternity is establish, an unwed father may want to initiate a petition for custody and visitation rights. During an initial custody determination, the issue of physical and legal custody should be addressed and each type of custody can be awarded jointly or solely to each parent. A mother may also wish to establish who the father is through the court in order that child support payments are set according to guideline child support standards.
- Divorce Child Custody Cases
Parents who were married typically have equal rights and share guardianship over their children and upon divorce will typically have equal rights to custody. During an initial custody determination, the issue of physical and legal custody should be addressed and each type of custody can be awarded jointly or solely to one parent. When a child is born during marriage and the husband/father is married to the wife/mother, the husband/father is generally looked upon as the presumed father so establishing paternity is typically not needed.
Child Custody Modification Cases
Child custody cases that follow the initial custody award for both married and unmarried parents are often referred to as modification cases. There are many reasons why parents file for a modification of the original order. Examples of reason are provided below.
- Abuse Allegations and Child Custody Cases. Abuse accusations and child custody cases are becoming more and more common. A finding of abuse would be grounds for a child custody modification. A finding of false allegations of abuse can also be grounds for a modification.
- Domestic Violence / Restraining Orders and Child Custody Cases. Domestic violence and restraining orders are also becoming more and more common. A find of domestic violence would be grounds for a child custody modification. A finding of false allegations of domestic violence can also be grounds for a modification.
- Child Protective Services Child Custody Cases. Involvement of Child Protective Services or CPS in child custody cases is also ever increasing. A finding by CPS of abuse or neglect can be grounds for a modification. A find of involving CPS without good cause and to gain leverage in a child custody case can also be grounds for a modification.
- Move-Away Child Custody Cases. Move-away case or relocation cases are one of the most difficult cases for the family courts. When one parent relocates or intends to relocate to a place where the distance would make the current parenting schedule difficult or impossible to exercise it may require a custody modification. A finding of bad-faith reasons for relocating such as to thwart the other parent's relationship with their child can also be grounds for a custody modification.
It is important to be informed of your rights and understand issues related to child custody cases involving initial custody determinations and modifications because it can have a significant effect on child custody for fathers, child custody for mothers and child custody for grandparents.
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Child Custody Coach supplies information, written materials, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, divorce, child custody evaluations, parenting, and all child custody related issues. Custody Match is an online consumer and family law attorney matching service to help consumers find the right family law attorney, divorce lawyer, or child custody attorney in their area.
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