Tips for Setting Up Your Custody Case during a Divorce Proceeding – Part 1
Tips for Setting Up Your Custody Case during a Divorce Proceeding – Part 1
Although the courts have generally made it difficult for either parent to obtain sole custody during a divorce proceeding, there are several things that you can do to set up the best case possible should you be seeking sole custody of your children during a divorce action. The first thing you can do is petition the court for an immediate custody trial. What you may not know is that Court Rule 5:8-6 requires the Family Court to set a trial date no later than six months after the answer to a custody complaint has been filed with the court.
While this approach may seem hasty, it may be in the best interests of all parties involved especially the children to have a date set sooner than later. The reason for this can be either because the children need to know what their long term arrangements are going to be, or to avoid the children additional harm during the litigation period. Many times when custody is an issue either during a divorce trial or through parents who are unmarried, either parent or both may attempt to alienate the children against the other in order to benefit their case. While this is one of the most horrible things a parent can do to their child, you would be surprised at the amount of times it happens.
Therefore, it would seem to be in the interests of the children and both parents to have a hearing date set as soon as possible.
