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Parental Rights in Custody Dispute

Legal Custody: Gaining parental rights in custody dispute

two parents fighting over child in divorce concept

Keywords: Child Custody Lawyer(s), Child Custody Law Firm(s), Child Custody Attorney(s)

If you have recently separated from your spouse and have a child or children with him/her, then you will soon have to face a custody case where the judge will determine how the custody of will your children will be divided among the both of you. With the help of your child custody lawyer, you will have to fight the case if there is a dispute among you and your ex. But if you are not an immediate parent but a close relative or a family friend then you will want to know if the child custodial rights are even possible for you. And yet you will have to fight the dispute with the help of your child custody law firm, if you are actually looking for custody of the children.

This dispute can end in different ways, with you gaining the full or partial custody, or one of you getting visitation rights or partial custody rights. All of these things are possible in a case about legal custody, but if gaining parental rights in custody dispute is your goal then you need to understand the following things as this is how the custody decisions are made in courts:

Child custody decisions with divorce

If you are going through a divorce or you are thinking about getting a divorce with your partner there are some things to consider. You might be wondering how the custodial rights of your child or visitation system will be established between you and your ex. This is done just the way all parts of the divorce are handled which can include child support, financial division, property division, and even spousal support. This agreement will be decided with the help of your child custody attorney and the divorcing couples, if they have an agreement regarding the child custody. But there are two ways through which this can take place and both of them are:

  1. The first way any divorce related custodial case can unfold is if both parents come to an agreement about the child custody and visitation with the help of their child custody lawyers. Or there can be an out of court settlement like an alternative resolution proceeding with mediation or collaborative law with the help of the child custody law firm.
  2. The second way through which this issue can be resolved is when the court case happens where both parties’ child custody attorneys present their statements and build their stories to attain the legal custodial rights of the children for the parent they are siding with. But the final decision is made by the court with the help of the family court judge who also takes into account the plea of the parents and their situations.

Child custody decisions with non parents

In many situations it is possible for non parent personals demand for the custodial rights of the children. These non parents can be the grandparents of the children, the uncles and aunts, or even close family friends as well. In some states, this situation is labeled as third party custody. But anyone seeking the full custody of the children who are not theirs will have to follow a strict procedure under the guidelines of the ‘non-parental custody petition’.

This sets out the relationship of the defendant to the child with the help of their child custody lawyer. They will also take into account the status and whereabouts of the children’s real parents as they will always get the priority. It will also detail in the reasons as to why the non parent wants the custody of the children and why he/she should be granted the custody. A copy of this petition is also delivered to the children’s biological parents if they are alive. And if they are alive and well then a custodial case unfolds where the judge will make the final decision.

Afterwards if you truly want legal custody, by gaining parental rights in custody dispute, you will need to build a case with the help of your child custody law firm. This case needs to provide with evidences and instances where you think, you will be the better parent for the children’s future. You might have to show your plan and behavior with the children. The children’s statements might also be taken to understand your relationship with them. Finally, it will depend on how your child custody lawyer defends you and gets you the custody.

So, in the end if you want legal custody, by gaining parental rights in a custody dispute, then you need to have a valid reason for the same. Moreover, you must appoint a child custody attorney if you want the custody of your child.

This content is available for general information only. The information presented is not legal advice, is not to be acted on as such, may not be current and is subject to change without notice. You must secure a lawyer or law firm to obtain proper professional advice.

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