Before starting a new custody procedure, parents should first try to communicate with each other and develop a mutually acceptable agreement. In addition, parents may benefit from mediation or arbitration that is less adversarial and less onerous than the standard procedure before considering a custody case in court. You may be available to resolve your custody and access issues in mediation with the help of a trained mediator. If you do, the Ombudsman will probably help you write an agreement that the judge can sign and make a court order out of it. If you do not reach an agreement in mediation, you will both go before the judge so that he or she can make a decision in your case, or in counties where there is a “custodial consultation”, the counsellor will make a recommendation to the judge. Learn more about custodial mediation. For an overview of child custody and the child visiting process, please read that some states set deadlines for changes (except for exceptional circumstances). For example, the courts in Virginia only change if, since the orders passed at least six months, and the courts in Illinois only change if two years ago. At Myers Law Firm, we know the importance of family. That`s why we fight to protect families like yours.
If you are fighting for custody of a child and need help, contact us today. We can meet with you to answer your questions, help you understand your options, and make a plan for what`s next. However, some situations follow different procedures. If the current custody decision endangers the child, for example.B. where a parent has abused the child or committed substance abuse while having custody of the child, the court may issue an injunction or other special remedy without mediation. Cases of moving a parent with a child also include different standards and procedures. In any event, the court will only amend the orders in certain circumstances. First, any change must be considered to be in the best interests of the children. As a general rule, a court will not consider changing a custody agreement that appears to work for all parties involved. First, a court is concerned with the best interests of the child, which means that a court does not wish to interrupt a child`s lifestyle and well-being for reckless reasons. If you need to prepare this order, you must complete the findings and order after hearing (form FL-340) and the appendix to the order for custody and visitation (parental leave) (form FL-341). .