If your case is just a custody matter (meaning you won`t get a divorce), you`ll find it a little easier. As in cases with an underlying divorce application, you have the option of mediation or trial, either with a lawyer or on your own. (Cooperation, on the other hand, is a decision-specific process.) Mediation and negotiation actually mean you would go back and forth until you and your child`s father have an agreement that you are willing to sign. Whether you share a mediator, hire your own lawyers or negotiate yourself, the end goal (this signed agreement) is the goal. You can also get custody and visit, but instead of the district court, your case would be decided (at least initially) in the Juvenile court and the house (or J-DR, as it is often called). The juvenile court is large for many reasons, but mostly because (1) it is much easier to navigate as judicial agents (a person who shows up without the help of a lawyer and (2) if you do not like the result, you can automatically challenge it in district court. In cases that are decided in the district court (such as cases where litigation is part of an underlying divorce), it is much more difficult to appeal. They should go to the Virginia Court of Appeals, and they are just making appeals based on an error of law (meaning that the judge mis applied a feature of the law) – not the fact (meaning that the judge misunderstood or did not hear a particular fact that would change the way the case was decided). Juvenile court decisions can be automatically challenged in the district court for a brand new “do over” without reference to the trial procedure. Many lawyers will tell you that these days, judges seem to be more concerned with granting shared custody, and that it is rare for someone to win or lose completely in custody proceedings. If there is no serious emotional, physical or sexual abuse, it is very likely that both parents have the same (or almost) rights. In many cases, the more parents fight, the more likely they are to be granted shared custody. However, if you have to separate, you must enter into a custody agreement as soon as possible.
My best friend has just asked for a divorce and his wife is not happy, she won`t answer the door so she can be served, she has her children from him and now her mother-in-law says she`s going to pick up her children and take them to Eastern Oregon, is there anything he can do to stop us permanently before the divorce? If the parents are not married and there is no court order and the father wants custody of the child, the father must establish paternity and ask the court for a custody order.