Who Has Custody If No Court Order

You should know that as long as you have enough income to meet the basic needs of children, low income alone will not prevent you from getting custody. The other day we talked a little bit about the vocabulary of the guard. If you`re wondering how custody and visits are typically handled and what things like “joint custody” and “legal custody” mean, you should definitely check out (because it`s definitely going to become important). We also recently talked about how to arrange childcare and visits for children of different ages. For more information, click on the age of your child(ren), and you will get much more information about the types of care and visiting arrangements that are suitable for children of different ages: newborns, school-aged children and teenagers. To bring a custodial action in Butler County without a lawyer, you can obtain a “Pro Se Custody Complaint” from the Pro Se Pro-Registrar`s Office at the Butler County Courthouse. The prothonotar`s office can be found by entering the government center behind the courthouse and going to the third floor. After exiting the elevator, walk down the hallway and cross an airlift to the courthouse. This is the only way to enter the courthouse. You walk through the common area and see a marble staircase or elevator.

Go down one floor and there are several panels for the protonnotariat`s office. Packets of paper hang on the wall to the right of the door. There is no fee to pick up these documents. When filling out the paperwork, you should only use your children`s initials. The court is concerned with treating the identity of minors confidentially. However, the confidential information form allows the court to know the identity of the children mentioned in your files. You must complete the Confidential Information Forms package before filing your custody complaint. There are different ways to get a custody order, but in most cases it is a negotiation or litigation.

10. Other matters which the General Court considers necessary and appropriate for the purpose of giving judgment. As the name suggests, the court order sets out the conditions for the treatment of custody of the child and whether it is joint or exclusive custody. Joint custody is the ability of both parents to make decisions about the child`s well-being, including educational, medical and religious decisions. The order also specifies the type of physical custody that is given to each parent: single or shared. The factors that a judge must consider when making a custody decision are: The “tender years doctrine” has been abolished by law. S.C. Code Ann. ยง 63-15-10. This means that it is no longer presumed that a mother will be granted custody of an infant. The law requires judges to make custody decisions by determining what is in the best interests of the child. The judge must consider several factors in determining which order is in the best interests of the child.

The judge`s decision must take into account all factors. And, of course, there is the deep fear in every woman`s heart that she will somehow “lose” custody and that the father will “gain” custody. Whether it`s because she makes less money than Dad, or because Dad has dirt he expected, most moms have a deep, dark, and scary feeling that they`re going to somehow lose custody completely, and they`re the ones who`ll have the “visit.” If you and the other parent decide to negotiate your own custody arrangement, you have much more freedom to develop a plan that is appropriate for your individual situation and your child. You may be able to move with your child, but there is a mandatory legal process to do so. The basic premise is that no move can take place unless each person with custody of the child agrees or the court approves the move. Mediation, cooperation and negotiation are different methods, but the ultimate goal is the same: a signed agreement. In mediation, you will work with a trained mediator (who may or may not be a lawyer) to negotiate an agreement. You and your husband share a mediator, but the ultimate goal will be to find an agreement that divides everything (not just custody) so you don`t have to let the judge take care of it. By working together, you and your husband will hire jointly trained lawyers and a team of professionals, including divorce trainers for each of you, as well as joint financial and custody experts to help you reach an agreement that considers each other`s best interests. Negotiations can be conducted either alone, without a lawyer, or with a lawyer. Usually, a first draft of an agreement is created and then sent between the parties until a final agreement is reached. Pennsylvania recognizes five types of physical custody.

Primary custody gives a party the right to care for the child most of the time. Shared custody gives two parties the right to have frequent contact with the child. Partial physical custody is the right to unsupervised visits and may require a few hours a week or one day a week, every other weekend, etc. Occasionally, the court may order a supervised visit. The court usually orders a supervised visit only if the party presents a danger to the child. Such a visit can be supervised by a relative, a friend and sometimes, in very serious situations, supervised by a district authority, although there are often costs associated with it. In addition, in rare cases, sole custody may be transferred to one party, giving one party sole custody of the child and the other party no custody. If you are involved in any type of custody case, you will hear the phrase “best interests of the child.” It is a legal term that deals with certain factors that determine exactly what is in the best interests of the child.