Family & Relationships Marriage & Divorce

Your Child Custody Order - Custody Laws You Need to Know

The child custody order is the final result of your child custody agreement or parenting plan.
The custody order makes your parenting plan a legal document, and thus it essentially becomes a law that both parents have to follow.
If the parents of the children on the order don't follow the custody and visitation schedule, or they break any of the provisions and stipulations, they can be help in contempt of court and face legal consequences.
This is to ensure that both parents follow the agreement and that they can rely on the other parent following the agreement.
Because the parents have to follow the custody order, it is important for the parents to be happy about the order and the custody agreement.
Here are some of the laws you need to know when creating your agreement so you are satisfied with your order.
In order for you to have an agreement that becomes a legally binding document, you have to start a court case.
This is done by filing the proper paperwork and forms with the court.
You file the forms after you have filed for divorce, and you file at the same court as the divorce court.
The first form that is filled out is a petition for custody.
The parent who initiates the case fills this out and then the other parent responds.
Every state has different requirements for the papers that are filled out--but these first ones are all pretty similar.
It is important to note that every state considers that both parents have equal rights to the children under the law.
Don't expect any preferential treatment from the court.
And, every state has laws that guarantee parental visitation--unless the parent is proved unfit (like in cases of abuse).
This means that you will always have a right to visit your child, and that the child's other parent always has that right as well.
Every state has different laws that govern their child custody cases.
However, in every state you will fill out some sort of papers concerning your custody agreement or parenting plan.
This includes what type of custody you and the child's other parent are sharing, what the visitation schedule looks like, the holiday schedule, and child support information.
As you are filling out all of these forms it is important to be fully honest and forthcoming with your information.
It is generally best if you and the child's other parent can agree on the parenting plan.
If both parents show up to court in agreement, the plan is signed as an order.
If the parents cannot agree, the court makes the ultimate decision.
Thus you should be ready to show that the plan you want the court to adopt is in the best interest of the child.
If you and your former spouse cannot agree, it may be helpful to go to mediation.
Some courts require that parents attend mediation before going to court.
Knowing these laws can help you get started with your parenting plan.
Once your parenting plan is accept as a court order, you can relax and enjoy your time as a parent.
If there need to be changes to your parenting plan, you can file a petition to change your agreement with the court.
If you and the child's other parent agree on the changes it is usually quite easy for the court to adopt them.

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