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Litigation 101: Child Custody Filing

Custody is an issue that is treated of high importance in the realm of family law. Why? Because child custody is intertwined with the concept of parental authority as the former is an integral aspect of the latter. Having custody over a child allows parents to exercise parental authority since the proximity between these two rights facilitates control and guidance.

However, child custody laws vary from state to state. But they have one thing in common, they have a sole function. These are the laws which govern the outcome of the custody case between the divorcing parents and they are designed to protect the child’s welfare and best interest. There are some things every parent should know when filing child custody.

child custody filing

Before the ruling of child custody, both sides have still an equal claim of their children until it has been pointed out on whose custody the child will be and whose going to financially support the child’s needs. Most of the times, divorcing parents misunderstand things like this. It doesn’t mean if you are the closest to the child then you will take custody in just a flick. Processes are needed to be undergone and it will be a long one. Courts generally approved to the agreements formed by the child’s parents such as visitation schedule. However, if both sides don’t come in a mutual agreement then the court will decide in which proposal is for the child’s best interests.

To whom the court will award the provisional custody of the child is a question of whether the parent has exemplified a great concern with the happiness and benefit of the child or not. The court will always stick to someone who could provide the child’s welfare and best interests. When filing for child custody and proposing an agreement on court, make sure that you don’t violate the child’s rights. This means that work it out with the child’s other parent about the visitation until the custody order. The child’s other parent has the right to see the child, so schedule in fair visitation. However, if there is a presence of abuse in the scenario, then it is very much impossible to claim the rights of visitation of the parent to the child. Do not take away the child on other country or state without written permission of the court just to escape the other parent’s interaction with the child. The case will be kidnapping if you don’t have a written permission from the court, thus lowering your chance of winning the custody of the child.

Being well-informed will somehow make you more aware on the well-being of your child. The child custody law is the law which governs and decides whose custody the child will be. These are the laws that administer the outcome of their custody case which directly affects the time they spend with their children.

The Walters Law Group, Ltd., with offices in Palos Heights and downtown Chicago, provides top-quality family law services to the people of the Greater Chicago area. For all your child custody lawyer Chicago needs, visit us today at:

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