by Carlton T. Driver
When you and your spouse are involved in pursuing a divorce action, and you have children, it is extremely important to have an understanding of the child custody laws as they apply to your situation. These laws establish both the rights and obligations of the custodial and non-custodial parent. Being able to understand these laws can be difficult, so here are some thoughts that may help you in this process. If you understand what is involved in the custody process, it will help you minimize the impact the situation will have on your children.
Identify The Court Which Has Jurisdiction in Your Case
The process starts with an understanding of the custody laws that apply to your case. Custody laws are determined by the States, so it is important to know which State's laws are applicable in your case, if one spouse is living in another state. One example of disparity between States is seen in when a custodial parent fails to follow the visitation rules established by the court in a custody case. In some States, the non-custodial parent needs to file a lawsuit against the custodial parent if they will not cooperate. In other States, the non-custodial parent can request that a warrant be served against the custodial parent for non-compliance.
The determination of which court has jurisdiction does not necessarily change when the custodial parent takes the children to another State. For example, if a custody ruling was handed down by a court in Florida, and the custodial parent then moves with the children to Arkansas, The Florida court is still the relevant court in the case. This can be changed by a joint request from both parents.
Look For Support Groups That Can Help
Figuring out which laws apply in your situation is just the first step in the process. You may be able to find a great deal of help in understanding the details of your case by seeking help from support groups that are in your area. One example of such a group is the Children's Rights Council, which is organized in most, if not all, States. Locate the one nearest you by using an Internet Search Engine. If you join the CRC, you may be eligible to receive legal advice from lawyers who provide help for members of the organization, and can help you to understand your rights and obligations in the custody system. There are also support groups that provide help for single fathers and mothers as well.
Make Use of Resources That Are Available on the Internet
Resources that are available on the Internet can help you to determine how the custody laws in your jurisdiction have been applied to past cases which are similar in nature to your own. Online research may also provide ideas and suggestions that you may find useful if your spouse is not complying with the conditions of the custody ruling in your case, following it's disposition. You will also find a variety of guides and e-books which are available, and can provide a rich source of information that you can use. It is important, however, to be certain that the author, or authors, of any such guide are truly qualified to provide such advice.
Going through a divorce, with its custody struggles, is likely to turn out to be one of the most trying and stressful times of your life. In spite of that, many divorced parents are able to find a way to arrange custody in a way that ultimately serves the best interests of their children. While you and your former partner are no longer living together, you can, and certainly should, make every effort to see that your children receive the love, affection, and care that they need from the two of you. If you have a firm grasp of the custody laws that apply to your case, you will find it to be a very useful tool, should there be any future disagreements about the children's situation.
You can obtain two FREE reports about Child Custody issues, and discover a great deal more about how to prevail in a Child Custody Proceeding by going to: Child Custody Reports. There, you will also be able to discover about a Comprehensive Guide to Child Custody Strategies.
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