Waiting on the Judges Decision in a Child Custody Case

Now that you have filed a complaint of custody, been into conferences and hearings, it’s the “quiet” time while waiting on the judges decision in a child custody case.

Here are the events that have led you to this period of time as well as hints and tips on what to do while waiting on the judges decision in a child custody case.

Filing

Parents, grandparents and other third-party custodians may file for a custody procedure. Custody procedures are costly starting with the $220.50 filing fee (This was as of 12/08/2009) and must be paid together with the custody complaint. Other costs to consider would be the payment of a child custody seminar and miscellaneous fees.

File the custody complaint (or Form 1) with a scheduling order at the top (or Form 2) as well as a registration form for the Focus on Children seminar brochure and application or separate forms shall be filed. It is advised to bring the original and extra copy for the parties in the action. Take note that civil cover sheet (form 3) and a Court Administration cover sheet (form 7) are forms that are also required in filing. Bring money for your filing fee, self addressed stamped nine by twelve (9x12) envelope with the corresponding postage fees to cover the expenses and costs of mailing all the copies to your home address.

Conference

A conference is facilitated by a qualified attorney known as a Custody Conference Officer (CC)). The CCO supervises and assists parties in working out a custody schedule that is agreeable between them. CCOs cannot take sides and cannot be contacted outside the courtroom. They can neither be used as character references or for letters for doctors or counselors, etc.

During the conference, the CCO will have to ask the first party who have filed the complaint and what he or she would want to happen. The other party will then deliver a reply. If both parties have worked out an agreement ahead of time, and an agreement has been reached, this agreement will be handed to you as a handwritten summary that will be typed up within ten days. If the parties do not agree to this, then the CCO may make a recommendation for a custody schedule or a follow-up conference for a hearing before the judge. The “disagreement” and the handwritten copy of the recommendation will be given and will be typed up. A hearing may be scheduled several months after the conference.

Hearing

If no agreement has been passed between the two parties, a CCO will have to schedule a hearing.

A judge may request pretrial conferences – a meeting of the parties without their respective attorneys. The judge does a pretrial hearing with the hopes of resolving issues without going through a hearing.

Waiting on the Judges Decision in a Child Custody Case

Once a judge has decided on child custody, and still you do not agree with his or her decision, you have to file an appeal to the Supreme Court within thirty days of the date of the court order. Because of the complexity of this procedure, it is advised that you seek the services of an attorney. Taking an appeal would also mean paying to have the transcript of the entire hearing prepared from the court reporter’s stenographic notes.

If you have an internal agreement with the other parent to agree to follow a different schedule, then you are free to do so. However, if the other parent does not agree to this, you can file for modification.