What is Court Custody Paperwork?
Court custody documentation is effectively the collection of documents which detail the existing arrangements that were originally adopted for a minor child, usually within the context of a family law proceeding. The existing arrangements are usually adopted by court orders or final judgment, but could also be established by common consent between the parties. In either case, the existence of the documentation can act as a point for reference when the arrangements and a change to those arrangements are being discussed. Importantly, it may also be relied upon to determine what the origin of the arrangements was.
The creation of court custody documentation can come in a number of different forms. In the most basic instance, the matter may be one which eventually settles prior to court proceedings being initiated. This is often with the assistance of a solicitor and is relatively straightforward. There is usually little more than an exchange of correspondence between solicitors which is eventually arranged to be filed with court in a short order list.
If an allegation of domestic violence is involved, a further form of court custody documentation may be available . In Australia, if domestic violence is alleged to be a problem, then the court will usually list an interim hearing. The purpose of the interim hearing is to identify what the allegations of domestic violence are and what weight may need to be attached to them. This is not intended to be a final determination of the issue, rather, necessary arrangements for the ongoing welfare of the child are implemented on an interim basis until the final determination can be reached at a final hearing.
It is also common for the court to authorise and arrange for the preparation of a Family Report. The preparation and content of a Family Report affects the court custody documentation in a number of ways. The Family Report will contain the background and history of the relationship between the parties and their child/children, but will also have included in it the parenting capacity of each party not to mention the current arrangements the child has with each party. It is the findings of this report that will usually support any proposed orders or variations to the family law orders previously made.
Court Custody Paperwork: What’s in It?
Understanding Court Custody Documentation: A Complete Guide
Essential Components of Custody Documentation
The first step in establishing a new visitation or custody arrangement is to develop proper documentation. In any case where you do not have physical possession of the child you need to have documentation prepared by the other parent memorializing the time your child will spend with the other parent. This is true even if you have a court order. The reality is that many times a person has a court order but conflicts arise between the parents. In those cases the other parent will usually do what they want and then try and get the courts involved to punish the other parent rather than taking responsibility for their violation of their obligations under the law. This will be a recurring theme in our discussion. In those cases it is important to create the memorialization even where it is not called for by the order. The basic component to any custody documentation is the time that the parent will have, the pick up address and the drop off address. These, of course, are consistent with the current or modified court order. In the event you do not have a court order the custodial parent should still review and approve the memorialization. This will help avoid issues of when the visitation will end. For example, the non-custodial parent may wait until day of the custody exchange to state she wants the child back by 5:00 PM as opposed to the normal 7:30 PM. Several other components of a proper documentation are: These are discussed at length in the next section. The rest of this section will introduce the reader to the basic components and the components of custody documentation.
Types of Court Custody Paperwork
Custody agreements come in many forms. The differences in documentation depends on the types of custody involved.
Sole legal custody means that one parent has from the Court the ability to make all of the major decisions for the child concerning education, healthcare, religious affiliation and extracurricular activities. The Court Order indicates # of days/week the child is to spend with each parent. When sole custody is Ordered, the final decree contains a small paragraph indicating sole legal custody, the effect of which is that the other parent has no input into education through report cards and parent-teacher conferences, nor does he or she have the ability to consent to treatment for health care, religious affiliation or include the child in extra-curricular activities including sports.
Joint legal custody is, by statute, presumed to be in the best interests of children of separated parents. The Court Order indicates the # of days of contact weekly with each parent and, possibly, the "primary residence" for the child, although it is to be noted that primary residence is no indication of custody.
Legal custody is the right of a parent to make decisions on behalf of the minor child. In joint legal custody, the parents are required to confer with each other regarding educational decisions,, health care and religious affiliation without regard to their physical "custodial" time.
Physical custody is where the child "lives" or the principal place of residence for the minor child. The duration of that residence and the allocation of weekday and weekend days are the ultimate deciding factors. The pro-active approach of the Joint Custody Statute (§ 61-5-124, MCA) requires that the parties both submit and agree to a Proposed Parenting Plan. That plan is attached to the final Judgment or Decree of Dissolution and becomes part of the Court’s Order. Alternative relief is judicially discouraged under the law in favor of the Joint Custody statutory requirements. It is important that the parties at least attempt to resolve the differences with respect to parental rights and the allocation of residential time on their own. Neither parent is able to unilaterally make a decision. The law requires that both parents work together.
Preparing Court Custody Paperwork
Step #1: Copy/Scan All Records into PDF files
The first step in assembling all of your records is to scan all of them into PDF format. If you have a multi-function printer, or MFP for short, which can scan documents into PDF format, you can use that. Otherwise, you could take your records to your local copy center such as FedEx/Kinkos or UPS Store and have them scan everything to PDF files for you. I typically tell clients to scan and save the records as one PDF file for each category. For example, all medical records should be scanned into one PDF file, all educational records into another PDF file, etc.
Step #2: Send Documents and Affidavits to Your Attorney
Once you’ve copied all of the records into PDF format, ensure that the documents are all included in each PDF file that you are providing to us. After you’ve sent them, be sure to double-check the emails you received from us to ensure that we have received everything. Also, review the documents to ensure that you provided a complete set of records to us. After we have received all of your documents and affidavits, we will send you an email confirming that we have received them all and a description of what we are missing (after review).
If you receive an email from us confirming that we are missing certain records or affidavits, make sure to get them to us as quickly as possible. We cannot prepare your court documents until we have all of the necessary information from you.
Once we receive all of the documents, we will prepare the court documents for you according to your timeline needs.
Filing Court Custody Paperwork
The filing of custody documents with the court is imperative to the trial of the custody matter. The proper filing of custody documents with the court is not only required but is very easy to do.
Procedures for Filing Court Documents
Custody documents can be filed online using the Odyssey Portal. All documents should be filed in the system under the relevant custody case (if other open cases are present in the Portlet, the filing will upload under the case the filer is in).
The Odyssey Portal has many different options for filing. Many of the options available on the filing page are not required. The filing process is fairly simple. Once you are in the case (you may have to search for it as many names appear in the portal with similar and/or the same name as the filer) a list of documents will appear: select the desired type of filing , fill out the form, check the box for "statement of knowledge," fill out the three questions, and then select the "Next" button to upload your document.
For most filing purposes, the only document which you need to upload is the document itself. Do NOT submit a cover letter or motion for allowance of counsel fees with your filing. These documents should be uploaded separately as another filing. The filing system cannot read certain types of formats; if you see an error when you have uploaded a document, you must reload the document in a different format.
Common Pitfalls
The following are some common pitfalls to avoid when filing using the Odyssey Portal:
The Last Step
Always remember to check the case in the Odyssey Portal after uploading to make sure the file uploaded correctly.
Legal Issues Involved in Court Custody Paperwork
While the physical preparation of court custody documents may seem like a fairly straightforward process, parents need to be aware of the legal ramifications involved with these issues. Many people simply assume that if custody is fixed by a court or by agreement with the other parent that there is no need for further documentation. While within custody or divorce litigation itself, this may be true, after the case is concluded, the issue of modifying custody will still be available.
For this reason, if you are preparing court custody documents you should be explicit in listing the terms of the arrangement and be sure to include as many contingencies as possible. For example, if you have a 50% share of custody with the other parent, it is important to state where the children will live during the times that they are with you. While many people choose to operate under a fluid arrangement to divide holidays, although it is advisable to fix those terms in the event that some unforeseen circumstance prevents the fluid arrangement from being possible.
Take into consideration the issue of moving when preparing your custody documents. If you or your ex-spouse wishes to relocate into another state, the courts will generally determine that as a change of circumstances and you will be required to re-initiate the custody proceedings to have a new custody arrangement determined.
Under these circumstances, the courts in most jurisdictions will hold that unless the move was initiated maliciously, such as to prevent regular visitation by the other parent, then the other parent’s time will be divided proportionately to accommodate the relocation. In these situations, the parent that is moving bears the burden of showing good faith and that the move was not intended to deny the other parent time with the children.
It is important when preparing custody documentation to note these legal considerations, as their effect on the outcome of any future modification proceedings could be devastating.
Common Questions About Court Custody Paperwork
It’s normal to have questions about what to expect when preparing for a custody dispute. Here are some answers to common questions: I read on the internet that I need to file a child custody motion. Do I need to do that? If you and the other parent are able to agree and make a written agreement, you do not need to file a child custody motion. If possible, it is always better to make an agreement about custody rather than to place your child’s care in the hands of the court. However, if your child is at risk of being abused or abducted by the other parent, then yes, you should promptly file a motion with the court for custody of your child.
Why do I have to go to court mediation? Court mediation is a neutral, confidential setting where parents can try to resolve their disputes on their own. The mediators have extensive training , and there is no charge for mediation. Mediation is a good opportunity to simply talk to the other parent face-to-face without emotions taking over the conversation. Research shows that mediated agreements last longer than those made during a court hearing or trial.
If my partner and I agree to a child custody arrangement, how can we enforce it when our partner does not comply with the agreement? You can go to court to enforce the agreement. You will have to show the judges how your partner did not follow the agreement. If you can show that your partner willfully violated the agreement, the judges can hold the parent in contempt of court. If found in contempt of court, the parent will have to pay a fine or could be jailed. Judges take this very seriously.