How Do Family Law Trials Work?
If you are wondering how family law trials work, you’ve come to the right place. Here, you’ll learn about Child Custody, Relocation, Emergency hearings, and the Evidence presented to the judge. These are the basics of the family law trial process. To learn more, read on! This article provides information for those who are preparing for a divorce case. You can avoid the long, stressful, and costly process by learning more about the family law process.
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Child custody
There are many different types of custody trials, including initial custody determinations, modifications to prior orders, writs of habeas corpus, and contempt and enforcement proceedings. Each trial has a different purpose, and the judge must decide what is in the child’s best interests. For an initial custody determination, the parents must show that their lives have significantly changed since the custody case was first filed. The court can also order a mental health professional or social services investigator to evaluate the circumstances.
Relocation
Relocation of the custodial parent is often an issue in custody cases. While a parent may want to relocate for the sake of better family life or better economic security, the court must weigh the interests of the child against the interest of the other parent. Courts will consider how the move would affect the child’s quality of life and the effect it would have on visitation and other relationships. If the child is old enough to express his or her wishes, relocation may be an appropriate option.
Emergency hearings
Generally, a family law emergency hearing is limited to the temporary relief of an immediate problem. To obtain a temporary custody order, a parent must present evidence of imminent danger to the child. Typically, this evidence would be medical records and reports from child protective services. If there is no evidence, the petitioner must gather other proof such as photos and social media posts. While every case is different, the same basic procedures apply.
Evidence presented to the judge
The family law process begins with evidence. Evidence includes any tangible document that proves a particular point. Evidence in this type of trial can be written, photographs, videos, or other types of physical evidence. In addition, there must be a proper foundation for the evidence to be admissible. Evidence may be used as part of a family law trial to establish a child’s rights. In these cases, the judge must weigh the evidence and decide which piece of evidence is admissible.
Resolving issues after the judge rules
A family law trial can have several outcomes. It can be a long, costly process. The judge’s decision may require mediation or referral to another dispute resolution service. The costs order is usually awarded to the party with the most success at the trial. The parties should consider the benefits of legal representation before deciding to take this route.