How does child custody work?
Erie County has a child custody resolution process that entails two or three phases. Initially, both parties will be required to attend a parenting seminar. A licensed lawyer will also need to file a custody petition. After these two prerequisites have been completed, both parties involved will need to attend a conciliation conference at the court house where the situation will be explained along with the proposed solution. If common ground is not met, then a conciliator will either schedule another conference or will issue a proposed Court Order in which the Judge will review and sign. If you are not pleased with the Court Order, you will have an opportunity to file an appeal where a formal trial in front of the judge is required and a Custody Order is determined.
What are my child custody options?
Physical custody is when children are able to live with a parent who is awarded the custody. Sometimes physical custody is shared, and other times a single parent has the physical custody while the other has visitation. Legal custody is when a parent is allowed to make major decisions for the child such as decisions about education, religion and health care. Most often, both parents are granted legal custody. Once custody and visitation are determined, a Parenting Plan must be created. The attorneys of Carney & Good can help create a day-to-day schedule that works for both parties and the children.
Can a person who isn't a parent get custody of a child?
Some states label this situation as "non-parental" or "third party" custody. Other states refer to the goal of these situations as seeking guardianship of the child, rather than custody. People who might obtain custody include relatives like grandparents, aunts, uncles, or close family friends.
Can child custody agreements be changed?
Parents' and children's needs will change over time, so you may be able to change the child custody agreement under certain circumstances. although timing issues may be involved. Some states require a certain amount of time to pass before after the changing of a child custody agreement. When seeking to change an agreement, you will have to explain to a judge why it is in the best interest of the children involved.
How does the court decide custody?
After holding a hearing, a judge decides on custody based on the best interest of the child. Many factors can determine this including past or present abuse, each parties attempt to parent the child, the child's need for stability, and which party is more likely to encourage and permit continuing contact with the other party.
