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Q: What is the court process in a battle for child custody case?
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In a divorce your husband can take your child?

Yes, if he wins the custody Battle. He would have to go to court for that, though.


What is a petition for child custody?

It is a court form to go before a court in a case to settle who will get custody of a child.


Is it legal to keep a child from a parent in custody battle?

It all depends on what the court has already established. If no custody is established and the parents are married, joint custody is assumed. If there is not a very good reason for keeping the child away from the other parent it could make you look very bad when it does come to court.


Can you take a child out of state if there is a custody date in court for custody?

No you can not.


Does who files for full custody of a child first affect the outcome of the custody hearing?

Not necessarily. Child custody is not a race. Generally, the court's main concern is in the best interest of the child.Not necessarily. Child custody is not a race. Generally, the court's main concern is in the best interest of the child.Not necessarily. Child custody is not a race. Generally, the court's main concern is in the best interest of the child.Not necessarily. Child custody is not a race. Generally, the court's main concern is in the best interest of the child.


Do I have custody of my child if your name isn't on the birth certificate but paternity test proves I am 99.8 percent the father?

You don't get automatic custody after a test, you get rights to the child. You have to go to court and get custody orders. Go to your courthouse, to the family court section, get a list of lawyers you can call and papers to file for custody. Next, child support will probably come up. So get ready for a battle.


Who has the right to child custody?

If decided by a court, the parent or person the court deems would act in the best interests of the child. If not decided in court, the biological mother has presumptive custody to her child.


Do you have the right to get the child from the custody of her mother?

You have the right to file for a change of custody with the court. You will have to present convincing evidence that the child's mother is unfit to retain custody of the child. Frankly: It is a stiff burden of proof to overcome to convince the court to remove a child from its mother's custody.


When does the sumpreme court meet for child custody cases?

Child custody cases are heard in the family court division of the state trial courts.


What court hears a child custody case?

family court


When will court give custody to the father?

When, in the opinion of the court, granting the father custody would be in the best interests of the child.


How long does a child have to live with you in virginia before you have custody?

Custody is decided in court based on what is best for the child, not for how long the child has lived with you.