A separation or divorce can be an especially difficult time for anyone, but it is made even more challenging when there are children involved. Regardless of whether you are married to the other parent, both co-parents have full rights to the children until such time as a judge determines that one parent has more rights to the children than the other.
In practical terms, this means that if you leave your children at a day-care center, the children's parent can pick them up and take them anywhere they like, including out of state. You may have placed a notice with the daycare provider to not allow the parent to pick up the children, however, without a court order establishing custody, the daycare provider will be committing custodial interference if they refuse to allow the children to leave with their legal parent. It does not matter what you say. In this situation, it matters only what a judge says.
The first step in the process for establishing sold custody of your children is to file a Petition for Sole Custody with the court. This is the document that will allege you are the better parent, that you should be awarded sole custody, and why.
At the same time, you will file a motion of "Immediate Temporary Sole Custody". Don't let the "temporary" part worry you. This document will establish an immediate order for custody, and the final determination will be made based upon the first document you filed. This temporary document is vitally important, however. Without this order, the co-parent would still have the right to take his or her child anywhere they like, with or without your consent.
Shortly after you have filed these documents, the judge will most probably sign the immediate temporary order. This can sometimes happen on the same day you filed your pleadings. The court will schedule a hearing on the immediate temporary order, however, where the co-parent will have the right to show the court why the order should not be extended. Generally speaking, for the protection of the best interests of the children, provided both parents are law-abiding, upstanding and decent people, the first person to file for immediate temporary custody, wins. This is why it is important to file right away.
Once the judge has heard from both parents, they will decide whether to extend the custody order. Even if they decide to establish joint legal custody of the children for the duration of the court process, they will often order that neither parent can take the children out of state without the express, written consent of the other party.
Gaining full, sole custody of one's children can be very difficult. However, the first steps are easy and quick if you act right away to protect yourself, and your children, from harm.
In practical terms, this means that if you leave your children at a day-care center, the children's parent can pick them up and take them anywhere they like, including out of state. You may have placed a notice with the daycare provider to not allow the parent to pick up the children, however, without a court order establishing custody, the daycare provider will be committing custodial interference if they refuse to allow the children to leave with their legal parent. It does not matter what you say. In this situation, it matters only what a judge says.
The first step in the process for establishing sold custody of your children is to file a Petition for Sole Custody with the court. This is the document that will allege you are the better parent, that you should be awarded sole custody, and why.
At the same time, you will file a motion of "Immediate Temporary Sole Custody". Don't let the "temporary" part worry you. This document will establish an immediate order for custody, and the final determination will be made based upon the first document you filed. This temporary document is vitally important, however. Without this order, the co-parent would still have the right to take his or her child anywhere they like, with or without your consent.
Shortly after you have filed these documents, the judge will most probably sign the immediate temporary order. This can sometimes happen on the same day you filed your pleadings. The court will schedule a hearing on the immediate temporary order, however, where the co-parent will have the right to show the court why the order should not be extended. Generally speaking, for the protection of the best interests of the children, provided both parents are law-abiding, upstanding and decent people, the first person to file for immediate temporary custody, wins. This is why it is important to file right away.
Once the judge has heard from both parents, they will decide whether to extend the custody order. Even if they decide to establish joint legal custody of the children for the duration of the court process, they will often order that neither parent can take the children out of state without the express, written consent of the other party.
Gaining full, sole custody of one's children can be very difficult. However, the first steps are easy and quick if you act right away to protect yourself, and your children, from harm.
Tennille Webster is a freelance writer living and working in Utah. She writes on a variety of subjects including legal matters, parenting, dating and relationships, gay rights, marriage equality, religion and spirituality, and healthy lifestyles.
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