What are Family Courts?
Family courts were designed to handle legal matters as they relate to the family. Typically, family courts deal with custody issues of children during a divorce, the division of the assets between the husband wife, alimony (if any) and child support. In addition, the amount of the child support and alimony is often decided within the family court. The family courts hold no trials.
Set Up of Family Courts
The judge hears both sides of the case and he or she makes the final ruling. In the issue of child custody, the judge will determine where the child lives and may make one parent the custodial, which means the child lives with that parent full time. The other parent is the non-custodial, which means the child does not live with the parent and visitation is typically established. In more progressive states, there may be a joint custody where the child or children spend their time equally among parents, but one parent still may have to pay child support.
Do Mothers Always Get Full Custody?
In many states it is still presumed by the family courts that the mother is the better parent, but there has been a change in recent years as more fathers have fought to prove they are the more stable parent. Every state has their own distinct rules when it comes to family courts, and in some states the old laws are still on the books so that fathers have to work harder to prove they are the better parent (if this is truly the case). However, it has been an uphill battle and many men feel there is a double-standard in place when it comes to child custody and child support.
Prepare for Your Custody Case
Regardless if you are seeking sole custody or want joint custody, make sure you are prepared before entering the courtroom. Keep in mind that the judge is literally judging you on your day in court, so make sure you keep your temper in-check. The last thing you want to do is lose your temper in family court when you are fighting for custody.
If you and your ex-spouse are seeking joint custody, then you need to present a solid plan of cooperation between the two of you. This means you will want to meet before the court date to outline the plan so that you are both happy with it and ready to present it to the judge. Make sure you bring with any documents you think you need regarding your custody case or child support and you are fully prepared to make a good impression on the court.