5. Are the children’s wishes considered by the court in a custody dispute?
In many cases, the court will consider the children’s wishes if they believe that they are of an age to make an intelligent decision. The court will then interview the child in chambers. The court will then ask the child if they have a preference with regard to custody. This type of interview with the child is called an “in-camera interview.†The goal of this type of interview is to assist the court to determine what the child’s wishes are. In many cases, younger children are often influenced by the parent with whom they live with. Therefore, sometimes a young child’s answers may be skewed. Alternatively, older children are much less influenced by their parents. A court always takes into consideration the age of the child when it determines how much weight to place on the outcome of the interview.
6. How can a person apply for custody of their child?
The first step that a person must take in a custody case is to file a complaint or a motion with the court. Once the custody application is received by the court, it will then be reviewed to determine if the case should be sent to custody mediation. Each county has their own custody mediation procedure. However, in almost every county, a custody case is first sent to mediation to try to work out a reasonable compromise. In addition, all parents are required to take a parental education class. These classes are run by the county, and there is only one session. If the custody mediation is unsuccessful, then the court will then order a hearing to determine the issues of custody and mediation.
7. How is custody determined in a case where the parties are not married?
When the parties are not married, this type of case is referred to as a non-dissolution case. This type of case is given a FD docket number. Custody for people who are not married is treated the same way as for married couples. The parties are also referred to custody mediation. Moreover, in FD cases the issue of paternity also frequently arises. In many cases, the father if he contests paternity may be required to take a paternity test. This is a relatively simple procedure. The paternity test(s) is usually given by Lab Corp. These tests consist of a lab tech taking a swab on the inside of a person’s mouth. The results are usually provided within three to four weeks.
8. What is a Guardian Ad Litem, and when is one appointed?
A “Guardian Ad Litem†is an attorney who is appointed to represent the children themselves, and not the parents in a divorce case. Usually, a guardian ad litem is only appointed in the very nasty cases. A court usually appoints a guardian ad item when they believe that the children need their own lawyer to protect their interests. In many divorce cases, the parents become so enraged that the court feels compelled to appoint a guardian ad litem. The downside of appointing a guardian ad litem is that the parties have to split the costs of hiring the lawyer/guardian ad litem. In summary, a custody case can be a wonderful opportunity for a family to blow all of their money and life savings. If a guardian ad litem is appointed, then the family will have to pay for three lawyers; the wife’s lawyer, the husband’s lawyer, and the guardian ad litem. If the case drags on, then legal fees can fast approach the $20K to $35K range. If at all possible, I strongly advise all parties to try to work out a custody arrangement that everyone can live with. Custody disputes are really just a miserable experience. In many custody cases, a family often blows all of their savings, and they also become heavily in debt to their lawyer(s). It is not uncommon at all for a person to file for bankruptcy after they have endured a bitter custody case. I hear of these horror stories all of the time.
9. What kind of assessments does the court make of the parents?
In many custody cases, one parent alleges that the other parent is an unfit parent, and they should not have custody. In this type of case, the court will order an evaluation of the parties. These types of evaluations are called a best interest investigation, a risk assessment, and/or a psychological evaluation. A risk assessment is an evaluation that is provided by the court on request. A risk assessment is conducted by the County Probation Department. A risk assessment is usually requested when one parent is alleged to have an alcohol or drug problem. A risk assessment is also often requested when one parent has a history of sexual abuse. These types of cases are the nastiest. For a risk assessment, a member of the Probation Department will go to the parties homes and determine if it is safe for the child to have visitation there. Many courts are just overwhelmed. In some counties, it can take many many months for a risk assessment to be completed. In other less backlogged counties, a risk assessment is completed in a timely fashion. Another type of evaluation conducted by the courts is called a “best interest investigation.†This type of investigation is also performed by the County Probation Department. There is no charge to the parties for the court to conduct this type of investigation. This type of investigation looks into the character and fitness of the parents, the economic condition of the family, and the financial abilities of the parties. Finally, a court can also order a psychological evaluation of the parties. Whether a court grants an application for a psychological evaluation will depend on the individual judge. A psychological evaluation is costly, and the parties must also pay for this expense.
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