I saw this question posed as a search query and thought that maybe I should provide a basic explanation of how the child custody process begins, but also the logic that it follows as it proceeds through the court system. When parents cannot come to an agreement about how to share their parenting; time, duties, and financial responsibilities, the family court can help resolve these issues.
The first important premise here is that the parents cannot come to an agreement. If parents can work things out on their own, there is no need for the courts to become involved. Often times parents wonder if there is a mandatory requirement that they have a custody agreement if they don't live together. The answer is there is no requirement to have an agreement. Child Custody agreements are only required if they cannot agree.
The whole process gets kicked off by filing a motion, sometimes known as an order to show cause. Either parent can file this and then the rules begin. The parent who files must notify the other parent (there are rules provided on the form you fill out). Then the other parent gets to reply with their own filing. Both of them end up in court on an assigned date to start the process.
What you really need to know about this is that when you fill out the documents for the first time, be sure you are organized and ask for exactly what you want. Make sure you setup your visitation schedule ahead of time and create that pattern before you get to court. This way your temporary order will reflect what you truly want. Temporary orders often become permanent and here's why.
Most people are required to go to mediation as part of the process. If the issues are not resolved their you could go onto evaluation, and trial. At minimum most people spend 4-6 months going through the process. If you are in a high conflict custody battle then you can plan on 12-24 months to get through the process. If your temporary order was a bad decision, you may have to live with it forever. You see after 6, 12, 18, 24 months, courts do not like to change a child's routine. Now you would be stuck trying to make a change and restarting the process. So if you can agree with the other parent or at least negotiate the big ticket issues you will be much better off.
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Ed Brooks knows firsthand how painful a High Conflict Child Custody battle can be. Ed has created a site where parents can get advice on how to handle all aspects of a high conflict Child Custody battle. If you want to read more about how to Win Child Custody issues you can find it here.
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