How Long Is Family Law Court?
If you’ve ever filed a family law case, you know that it takes time to get the results you want. A judge hopes to settle a case within a year, but many cases don’t make that timeline. This is often because court dockets are overcrowded, and Judges are trying to handle multiple cases on any given day. In addition, a single case can only be tried in court on a given day.
(Family, Law Missoula the attorneys at S. DeBoer Attorney at Law are committed to helping you face your family legal matters with expert legal assistance.)
Case management conference
A case management conference is a short court hearing where a judge meets with the parties and attorneys to address any issues that may arise during the proceedings. The purpose of the meeting is not to make final orders, but rather to discuss scheduling and any possible Alternative Dispute Resolution. Parties do not have to speak during this process, and attorneys can tailor the process to fit their specific situation. A case management conference lasts for approximately five to ten minutes.
At a case management conference, the judge attempts to narrow the issues in the divorce case and sets deadlines for filing schedules of assets and property, discovery, and proposed visitation and custody plans. The judge may also require the parties to complete a case management questionnaire. If the parties are unable to resolve their differences in the first meeting, the judge may refer them to mediation or arbitration. Case management conferences vary by jurisdiction, so it’s important to contact your local court to determine whether your case will involve a case management conference.
Child custody agreement
When determining custody, a parent’s physical and mental health can play a significant role. Physical disability does not usually have a great impact on the outcome, but it can be a factor if it materially impacts the parent’s ability to care for the child. This will depend on the specific facts of the case. The parent’s behavior in court can help determine custody or can help tip the odds in one parent’s favor.
A court may issue a temporary decision on child custody and visitation before the case has been concluded, and the temporary order is usually in effect until the child reaches the age of 18 years old. However, once the child reaches adulthood, a parent can file for a modification of the custody order, but if the change is not material, the child’s custody and visitation rights are still subject to a court’s final ruling.
A temporary order of protection
A temporary order of protection in family law is an important document. It is issued by the Family Court and is intended to prevent violence within the family or in intimate relationships. The proceedings in Family Court are confidential, so the information about the abuse and the victim remains private. A temporary order of protection may be granted based on several factors, including prior orders of protection, the level of abuse, and the level of injury. Whether the abuse occurred due to drug abuse, the respondent’s access to weapons, or the frequency of contact with the victim will be considered. Whether the child should be able to visit and refrain from family offenses can also be considered.
When filing for a temporary order of protection, the petitioner must show good cause for the order. A temporary order is effective until the trial or hearing, and the petitioner must serve the respondent with a date on which he or she is to return. If the petitioner is unable to do so, the respondent may be required to comply with the order. While a temporary order of protection is a powerful tool in family law, it is important to keep in mind that a permanent order can be issued in a case if the abuser has continued behavior.