Child Custody Order | Making a Child Custody Application
A child custody order is based on the judicial decisions regarding the rights of visitation and residence of a parent in case of a divorce or annulment where a child is involved.
The phrase child custody itself is a legal term that seeks to explain the legal and practical relationship between a parent and child. This includes the rights of the parents as regards to decision making, staying in contact with their child and where or whom the child will live with in case of a divorce or annulment by the parents. These residence and contact issues have replaced the concepts of “custody” and “access” following ratification by the United Nations Convention on the Rights of the Child. These issues usually arise in the case of a divorce between the parents where a child is involved. In this case the family law proceedings court makes decision taking into consideration the best interest of the child.
What Are Child Custody Orders?
Getting a child custody order from a court can give you certain legal rights to your child. This includes:
- The right to make decisions about and for your child and/or
- The right to residency (to have your child live with you).
Without a custody order, it is possible that these legal rights may not be yours, even if you are the parent that takes care of the child or stays with them. However, if you file for custody, the other parent may also request these rights and it will be up to the judge to decide based on best interests of child. Based on the decision of the court a parent will have these following orders:
- Residence Order: This determines where and with which parent the child will live
- Contact Order: Whether the parent is allowed to be in contact with the child.
- Prohibited Steps Order: Restrictions regarding certain things such as taking a child outstation without permission etc.
- Specific Issue Order: Relating to specific issues like schooling of the child
Making A Child Custody Application
Making a child custody application will depend very much on the child custody laws of your state as child custody is the domain of the state laws and each state has different laws regarding the filing of the child custody orders. Most states require the child custody application to be filed in the “home state” of the child which is where the child has lived for six consecutive months with a parent or guardian. If you have just moved to a new state then you might want to file a temporary emergency custody provided the child is in the state and requires emergency protection or has been abandoned.
Child Custody Orders
Child custody orders can be fraught with a number of legal issues with most people not wanting to get into the hassles of it. Some opt for informal agreements that work just as well. However if you want to file for custody it is best to seek legal help and consult a lawyer who will guide you on the best course of action depending on your situation.
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Filed under Child Custody Forms, Child Custody Laws In The United States by Terry
