In determining what is in the best interests of the child, the court may consider the health, safety and welfare of the child, the nature and amount of the child’s contact with both parents, the habitual or continual illegal use of controlled substances or alcohol by either parent, and/or any history of abuse by one…
The legal standard that the court uses to determine what type of custody orders to make in your case is the best interests of the child. This is a flexible standard that allows each family’s and each child’s needs to be considered.
Physical custody means where (with which parent) the child will primarily reside. A court can order that both parents have significant time with the child. This can be called “joint custody”. The court could instead order that one parent will have physical custody, and the other parent will have visitation.
Legal custody means, which parent, will have decision-making power over the child’s health, education and welfare issues. The court can order that the parents have joint legal custody (meaning they have equal decision-making power), or the court can order that one parent have sole legal custody (the only right to make decisions about the child).
There are two types of custody, and the court needs to make orders concerning each type; legal custody and physical custody.
If the Respondent fails to file the necessary responding paperwork within thirty (30) days of service, the Petitioner may request the entry of default.
This action may be filed by married or unmarried parents to obtain custody and support orders without filing a dissolution of marriage/legal separation or nullity action.
Property issues and division of community assets and debts are ordinarily resolved by a signed marital settlement agreement or by an agreement placed on the record (and later formalized in writing) at a mandatory settlement conference. If settlement is not reached, contested issues are set for trial for court determination.
No, you cannot serve documents in your own case. Anyone over the age of eighteen (18) who is not a party to the action can serve papers on the other side.