How do you file for child custody

Filing for Custody | NY CourtHelp

When you come to court about custody or visitation for your child, you may have a choice: whether to file a custody petition and have your case heard in front of a Judge or court attorney-referee or to have your case referred to mediation.

If you already have a custody or visitation order for your child from Family Court, you can use the Custody/Visitation Modification DIY Program to ask the court to change the order or the Custody/Visitation Enforcement DIY Program to ask the court to enforce it if it is not being followed.

Who Can File for Custody

Anyone who has an important role in a child's life may ask the court for custody. You don't have to be the child's parent. When a Judge decides custody between a parent and someone who is not a parent, he or she will consider if there are "extraordinary circumstances" first. If there are extraordinary circumstances, then the Judge will consider what is in the best interest of the child.

The person who starts the case is called the "Petitioner." The case is against the "Respondent".

Where to File for Custody

Custody cases are usually started in Family Court. The petition should be filed in the county where the child lives. Sometimes, if the parents are married and getting a divorce, one of the parents file for custody as part of the divorce in Supreme Court. The custody order is part of the Divorce Judgment.

How Much Does It Cost

It is free to file a custody petition in Family Court. If you get a lawyer, it is your responsibility to pay for the lawyer's services.

After Filing for Custody

After filing the custody petition, the petition and summons must "served" (delivered) on the other side in person. If a non-parent is filing for custody, the petition must be served to both parents. The summons will tell both sides when and where to come to Family Court for the custody hearing.

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What you can file to ask for a child custody and visitation order | California Courts

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There are different types of cases and papers you can file to ask for a child custody and visitation (parenting time) order. Which type of case or papers you can file depends on your situation, like whether you and the other parent are married or you already filed a family law case.

If you have a family law case, you can file a 

If there's already a family law case involving the child in California, then you can file a Request for Order (form FL-300) to ask the judge to make or change an order in that case about child custody and visitation (parenting time). Common family law cases are divorces or parentage (paternity) cases. 

If you and the other parent agree about what orders you want, you can also ask the judge to make your agreement an order.

Generally, if there is a case in another State about custody of the child, you will need to file papers in that State to ask for custody orders. Talk to your court's Self-Help Center staff to find out your options, or talk to a lawyer for advice.

How to Request an Order

If you do not have a family law case, you need to start one to ask for custody and visitation (parenting time) orders

You first need to start a family law case (like a divorce between you and the other parent or a parentage case). Then, you can ask in that case for child custody and visitation orders. Which type of case you start depends on your situation. 

Typically, the child will need to have lived in California for the past 6 months (unless they are less than 6 months old) in order for a California judge to make a decision about custody. If the child has been living in another State for the past 6 months, then often you need to file a case where the child lives now. Ask your court's Self-Help Center staff or get legal advice if you aren't sure if California is the right state to file in.

If you are not the child's parent but want custody of the child because the parents are not able to care for the child, find out more about guardianships. This is when the court orders someone other than a child's parent to have custody of the child. 

How to get custody of a child, elderly or disabled?

In Russia, citizens who need guardianship include minors, that is, children under 14, as well as persons recognized by the court as incompetent. We are talking about people who, due to a mental disorder, cannot understand the meaning of their actions or control them. This is stated by the Federal Law "On guardianship and guardianship". Based on the document, citizens appointed by the body of guardianship and guardianship "are the legal representatives of the wards, and perform on their behalf and in their interests all legally significant actions."

Guardianship is aimed at protecting the interests of the listed categories of citizens, as well as the very possibility of declaring a citizen incompetent in a judicial proceeding. This was also emphasized by the Constitutional Court in the framework of Resolution No. 15-P dated June 27, 2012 “On the case of checking the constitutionality of paragraphs 1 and 2 of Article 29, paragraph 2 of Article 31 and Article 32 of the Civil Code of the Russian Federation in connection with the complaint of citizen I.B. Business".

In addition to guardianship, there is also guardianship, under which adolescents aged 14 to 18, as well as persons with limited legal capacity, can fall. Such people cannot be fully responsible for their actions. This category has more rights than minors and the incapacitated. For example, they can independently perform small household transactions and actions provided for by law (dispose of their own income, etc.). However, in other cases, they are obliged to assist the trustee.

It turns out that the guardian has more rights and obligations than the guardian, and therefore a greater responsibility falls on him.

The main requirement for the candidate is full legal capacity. And since it comes from the age of 18, the guardian must be of age. The law also establishes a list of restrictions. Guardianship cannot be issued by persons:

• deprived of parental rights;
• having an unexpunged or outstanding conviction for an intentional crime against life or health;
• who did not agree to become a guardian.

When it comes to guardianship of young children (under 14), additional restrictions are set. Future guardians must undergo special psychological, pedagogical and legal training, as well as prove that they are in a bisexual marriage. Those who have registered a same-sex marriage in the territory of another state will not be able to arrange guardianship.

This process is supervised by guardianship authorities. To find out all the details of the procedure, you must contact the district office. The state is interested in ensuring that children are not left unattended, are not placed in orphanages and boarding schools, and therefore, most likely, those who wish to arrange guardianship will be met halfway and will be helped in every possible way.

The candidate needs to write an application, collect documents confirming, among other things, the passage of special training, and in case of a positive answer, sign an agreement.

The algorithm is the same as for children - the guardianship and guardianship authority will also deal with the issue of guardianship. However, there are also differences. Thus, custody of an elderly or adult person does not always involve the joint residence of the guardian and his ward. This issue is decided individually, but cohabitation, of course, is welcome. It is much easier for a guardian to fulfill his duties and provide supervision, especially when it comes to a pensioner who, most likely, has a sufficient number of health problems.

If cohabitation is intended, the consent of all members of the guardian's family living with him in the same dwelling, including children aged 10 years, must be obtained.

There are two types of guardianship:

• free of charge;
• paid.

In the first case, nothing is paid to the guardian. Paid guardianship can have quite flexible conditions, which are fixed by the contract. In accordance with Article 16 of the Federal Law “On Custody and Custody”, remuneration can also be paid at the expense of third parties, from the income from the property of the ward (no more than 5% and only if he is already an adult), as well as from the budget .

The guardian has an unlimited range of powers - he represents the interests of the ward in any relationship, no matter what is discussed. Moreover, this rule applies even when registering custody of a minor with living parents. If the ward is a child, then the guardian acts as a father or mother. However, in some cases notification of guardianship authorities is required. They can also establish restrictions on the actions of the guardian or, conversely, oblige him to perform any actions. All this is recorded in the act on the appointment of a guardian or custodian, or in an agreement on the implementation of guardianship or guardianship.

1. Written statement of consent to the establishment of guardianship.
2. Documents of the guardian: proof of identity, proof of income, no criminal record, state of health (medical report in the form established for persons wishing to obtain guardianship), marital status and the right to use the living quarters.
3. Consent of family members of the future guardian, including children under 10 years old (provided they live with the guardian in the same territory) to live together with the ward.
4. Documents of the ward: identification, income, from the place of study or work, medical certificates.
5. Documents confirming kinship, if the candidate is a relative.

A complete list can be found on the State Services portal, which contains clarifications on the design and number of copies of documents. You can apply for guardianship there.

• First month of guardianship - 1 check.
• First year of guardianship - 4 checks (every 3 months).
• Then - once every 6 months.

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Custody of a child Ukraine (Kyiv) ▷ Registration of guardianship and guardianship of children through the court - YuK Nakaz

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details about the cost here0117 sample document - STATEMENT OF CLAIM for the division of common property of spouses
sample document - STATEMENT OF CLAIM for deprivation of parental rights
document - sample - STATEMENT OF CLAIM for divorce and recovery of alimony for the maintenance of a minor child forms of social organization of children, due to certain circumstances, deprived of parental care. Guardianship is established when the child is under 14 years of age. A guardian acting in the interests of a minor is his legal representative, including in transactions and other legal procedures. Guardianship of children is established for citizens belonging to the age category of 14-18 years. Such persons may be directly involved in certain legal proceedings, acting with the consent of the trustee.

The purpose of establishing guardianship or guardianship is to ensure the protection of the rights and interests of minors. The duties of guardians and trustees are equated with the duties of parents, which involves taking care of the health and moral development of the child, as well as the education and maintenance of the ward.

According to the current legislation, guardianship and trusteeship can be established in relation to such categories of citizens as:

• persons under the age of eighteen, in the event of the death of their parents;
• children whose parents were deprived of parental rights by a court decision or are in places of detention;
• persons declared incompetent due to certain diseases;
• persons classified as having limited legal capacity as a result of alcohol or drug addiction;
• relatively capable citizens whose impaired state of health does not allow them to fully take care of themselves.

A guardian or custodian of a child may be appointed by a government agency or court on such grounds as:

• parental incapacity, confirmed by relevant documents;
• death of parents or declaration of their death by judicial procedure;
• recognition of the child's parents as missing;
• deprivation of parental rights, as a result of which the obligations of parents are terminated. Also, these provisions of the law apply to persons deprived of their liberty.

In the process of establishing guardianship, documents will be required, the list of which is regulated by the current rules for the procedure.

For a child:

1. Copy of birth certificate.
2. Official papers that can confirm the status of an orphan child, in particular:
   • Death certificates of both parents.
   • Documents issued by the registration authority and containing information about the father of the child.
   • A copy of the court decision declaring the parents missing, deprived of parental rights, incompetent, serving sentences in places of detention or in custody. If the parents have been declared legally deceased, death certificates will also be required.
   • A document confirming that the parents have diseases that prevent them from fulfilling their duties for the upbringing and (or) maintenance of the child. Such a conclusion must be issued by a special expert commission.
   • A tossing report drawn up by law enforcement officials when a child is abandoned or left in a medical facility.
3. Identification number of the minor (if he received one).
4. Certificate of family composition issued by the ZhEK or the microdistrict committee.
5. Documents that confirm the ownership of a minor citizen. In particular, this applies to real estate.
6. Written list of property belonging to a child, compiled by a child welfare officer.
7. Certificate of health, as well as a conclusion that determines the level of physical and mental development.

For the guardian you will need:

1. A copy of the passport of a citizen of Ukraine.
2. Application, which can be drawn up and signed by both spouses.
3. Copy of marriage certificate if the husband and wife wish to establish joint custody of the child.
4. Statement of income containing information relating to the last six months.
5. Documents proving that the future guardian has real estate and other property.
6. Certificate of completion of a special training course, during which the features of interaction with children deprived of parental care are considered.
7. Health certificates of the guardian and the absence of a criminal record for each of the applicants.
8. Written consent of all relatives who have reached the age of majority living in the same area as the future guardian.

A wide variety of disputes about children can arise between parents. Since the legislation gives parents not only rights regarding children, but also responsibilities, conflicts can be either over evasion of parental responsibilities, or in connection with the infringement of parental rights.

Of course, at first it is better to try to resolve the conflict outside the walls of the court. But very often, spouses never find a way out of this situation without the help of the court or other competent authorities. In some cases, you can do without a trial, but you will have to involve the guardianship authorities. This body is empowered to provide the mother and father with oral or written explanations about a family conflict that has arisen between them. However, the conclusions of the guardianship authorities are exclusively advisory in nature.

To resolve a child custody dispute once and for all, you must go to court. The courts deal with the following family disputes about children:

1. Disputes about the child's place of residence.
2. Disputes related to the parentage of a child.
3. Disputes over the recovery of alimony.
4. Disputes about the return of a child who is with third parties.
5. Disputes of a special category: deprivation of rights to a child, restriction of parental rights, restoration of all rights to a son or daughter, cases on the abolition of restriction of parental rights.

The list of disputes listed above is not exhaustive. Parents may well have other kinds of disagreements about their child. There are also cases that are resolved only in the order of special proceedings (for example, adoption cases).

Services and benefits of the company

In the process of establishing guardianship or guardianship, unforeseen situations often arise that require certain legal knowledge. With the help of our company, you can avoid bureaucratic delays and eliminate in advance the reasons why the decision of state bodies may not be in your favor.

If you have a dispute about the upbringing of a child, his place of residence or for any other reason, you simply need to use the services of a lawyer. Our specialists have extensive experience in such cases, which will allow them to quickly navigate the situation and find the right solution to your problem.

The cost and terms of registration of guardianship

The cost of our services, as well as the estimated terms for processing all documents depend on each specific situation and are always negotiated individually.

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