In child custody cases, the court will order a hearing and take testimony from both parents. The court may also have other witnesses testify, such as relatives, teachers, and mental health professionals who have treated the children or parents. How the court issues a custody order depends on the findings of their investigation.
If necessary, the court may conduct further investigation, such as sending mental health professionals or social workers to see the parents’ homes and interview anyone else living there. After examining all the evidence, the judge will make a decision and issue the custody order.
How the Court Issues a Custody Order | Uncontested Divorce
The court doesn’t always have to get involved in custody decisions. In an uncontested divorce, a court only has to grant the divorce, and there isn’t any need for a judge to determine property division, spousal support, and child support. Likewise, if the parents can agree how to divide the child raising time and duties, the court won’t need to make a decision about child custody. But if the parents don’t agree on child custody, then the court steps in and issues a custody order.
How the Court Issues a Custody Order | Can a Parent Change a Custody Order?
Parents can change a custody order, but only after demonstrating a significant change in circumstances. Courts prefer not to have children go back and forth between parents more than necessary and will only modify its original custody order if it has a really good reason for doing so.
In many situations, a court is in the difficult position of trying to figure out how to split a child’s time between the parents, but it’s not always easy to figure out what’s in a child’s best interests. If you’re facing a child custody decision, seek an experienced attorney who understands the process and is familiar with the factors judges consider in these cases. If you have a child custody dispute or questions about child custody, feel free to contact us through our website or call us at the number above. Our dedicated Buffalo child custody lawyers welcome the opportunity to serve you and your family.