Hi, I am Jon Bonavilla, a partner here at Evans Fox. I’m here to talk to you today about custody in divorce actions. Often times in a divorce, minor children are involved and their custody is frequently a disputed issue. I want to try and calm some of your fears about this if you are considering a divorce.
There are two types of custody – sole custody, where one parent is making the decisions, and joint custody, where both parents are involved in the decision process.
When a divorce is started the Court is likely to give the parties and their attorneys some time to try and resolve any custody issues between them.
If an agreement cannot be reached, then the Court simply appoints a law guardian, or an attorney for the child, who will represent the children. He will talk to each parent and, depending on the ages of the children, he may talk to them and learn about what has been going on at home.
At some point, this law guardian will report back to the court as to how he views the custody situation on behalf of the children. Often times, what he has to say helps in getting the case resolved, but not always.
If a resolution can’t be reached the Court will put the matter down for a trial and make a decision on what is in the children’s best interest.
Of course, if there are emergencies that come up during the case, the Court is there to make temporary decisions about custody and the kids welfare.
If you have questions or need representation regarding custody and divorce, please call us at Evans Fox so we can help.
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The content has been prepared for informational purposes only; it should not be construed as legal advice, does not create or constitute an attorney-client relationship, and readers should not act upon it without seeking professional counsel.