There are many legal questions that may be raised during the divorce proceedings. One of the most common issues is child custody. During the pendency of the case, parents are usually having a game of tug-of-war as to who among them is entitled to have custody of the children. Be sure to get further advice from family law attorney in Milwaukee on this matter.
A divorce case may take months or years before the family court may issue an order. This is the reason why the law allows a parent to file for a petition for the issuance of a temporary custody order. The party who wants to be declared as the custodial parent may file the said petition in a different proceeding. There must be a showing that all the requirements under the law are complied with. The petitioner must be able to cite sufficient grounds to support his or her claim. More importantly, these grounds must be backed up by testamentary and object evidence to ensure that the judge will grant the petition.
This temporary custody order may be issued ex-parte upon the filing of a verified affidavit. When we say ex-parte, it means that the requirement of due notice and hearing may be dispensed with. Upon the filing of an ex-parte petition, only one party is given an opportunity to present evidence in his or her favor. The adverse party is not accorded the same opportunity. Since an ex-parte motion is repugnant to the Constitutional rights of the citizens, a strict interpretation of the law is required from the judge hearing the petition.
If you want to be granted a temporary custody over your children, you can file a petition in court where the divorce case is pending. For a guaranteed win, you have to hire the services of a great attorney. Make sure that you know how to communicate with him. Tell him everything you need concerning the petition for child custody. Be honest with your lawyer so he can be prepared when he goes to court as your representative.
As a parent praying for temporary custody, it is your duty to put the best interest of your children first. You must be able to make them understand why you have to resort to such legal action. Otherwise, they may interpret it as your way of separating them from your partner. When the other spouse has caused harm or injury to your children, it is also important that you deal with the trauma the violence may have caused them.