Monday, June 28, 2010

Understanding Child Custody Laws

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.

Consult the Court With Jurisdiction in Your Case

The process must start with an understanding of the custody laws that apply to your situation. Custody laws are set by the States, so it is important to know which State's laws apply in your case, if one spouse has moved to another state. One example of this disparity is seen in the case of a custodial parent who fails to follow the visitation rules set by the court in a custody case. In some States, the non-custodial parent must file a lawsuit against the custodial parent. In other States, the non-custodial parent can ask that a warrant be served against the custodial parent.

The court which has jurisdiction in a case does not automatically change if the custodial parent moves the children to another State. For example, if a custody ruling was established by a court in Florida, and the custodial parent then moves with the children to Arkansas, The Florida court is still the court of jurisdiction in the case. This can, however, be changed by a mutual request from both parents.

Reach Out to Support Groups For Help

Determining the laws which apply in your situation is only the first step in the process. You can find a great deal of assistance in understanding the details of your case by getting help from support groups in your area. One such group is the Children's Rights Council, which is organized in most, if not all, States. Use an Internet Search Engine to locate the one nearest you. If you join CRC, you may be able to receive legal assistance from lawyers who work along with the organization, and can provide the help you need to understand your rights and obligations in the custody system. There are support groups for single fathers and mothers as well.

Make Use of Resources That Are Available on the Internet

Resources available on the Internet can be of help in determining how the custody laws in your jurisdiction have been applied to previous cases which may be similar in nature to your own. Researching online sources may also provide ideas and strategies that you may find useful if your spouse is failing to comply with the conditions of the custody ruling in your case, after it's been decided. You will also find a number of e-books and guides which can be purchased, and can sometimes provide a rich source of facts and explanations that you can use. It is important, however, to make certain that the author, or authors, of a guide are really qualified to provide such advice.

A divorce, and the attendant custody struggle, is almost certainly going to be one of the most difficult phases of your life. Still, a lot of divorced parents are able to make the custody arrangements something that ultimately works to the benefit of their children. Although you and your former partner or spouse are no longer living together, you can, and should, make certain that your children receive enough love, attention, and care from both of you. Having a good knowledge of the custody laws that apply to your situation will certainly be very useful resource in the event that there are future disagreements about the children's situation.

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