What will happen with the children?

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Specializing in Complex Divorce & Child Custody Law

 

What will happen with the children?

When parents get divorced, they must either agree together on how they will raise their children or the Judge will decide for them. The Judge’s final decision is based on what parenting plan is in the best interests of the children.

After a legal case is filed, the first step is usually a temporary order hearing. After this hearing, the Judge will issue a temporary order which explains each party’s parenting rights and responsibilities. This temporary order normally stays in effect until either the parties come to a settlement agreement or until it is changed by the final judgment after trial. The temporary order hearing is also a good time to request the appointment of a Guardian ad Litem to help investigate the custody situation and report their findings back to the Judge.

After the temporary order hearing, we will help you effectively present your concerns and positions to the Guardian ad Litem so that the final report is accurate and takes into account your view on the best parenting plan for the children. During this time, we will also make discovery requests and conduct our own factual investigation to collect the evidence we will need for the final trial.

Once the Guardian ad Litem has submitted the final report, one party usually files a motion to change the temporary order. If the initial temporary order was in your favor, we will show the Judge why it was accurate and should be continued. If, instead, the temporary order was not in your favor, we will use important details of the final report and the additional evidence we have obtained to explain why the order should be changed.

The Guardian ad Litem report has a strong influence on the final outcome of the case. Though there are ways to question the findings and quality of the investigation, it is a difficult up-hill challenge. The fact is that most final judgments will be almost identical to the recommendations of the final report. This is why most cases settle after the final report has been filed.

We understand the importance of each step in the legal process. We will work with you the whole way to make sure that your parental rights and the best interests of your children are protected.

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