What happens after you file a petition for custody?

What happens after you file a petition for custody?

If you filed a custody case: Once the default is entered, you have to fill out a final set of papers to ask the judge to give you a final custody order. If you want a DNA test: You can file a "Motion for Paternity/DNA Testing" to set a hearing so you and the other parent can go to court and see the judge.

What is considered abandonment in child custody?

Child abandonment occurs when a parent, guardian, or person in charge of a child either deserts a child without any regard for the child's physical health, safety or welfare and with the intention of wholly abandoning the child, or in some instances, fails to provide necessary care for a child living under their roof.

Who gets custody if the custodial parent dies?

In most cases, upon the death of the custodial parent, the child will take residence in the same state as their surviving parent. Divorce decrees are governed by state law. This means that a parent sometimes cannot assert automatically custody of their child if their child is from another state.

What happens if the custodial parent goes to jail?

If the custodial parent goes to jail or prison, the judge will use the charges and conviction to determine what to do next in addition to other factors. Charges involving more serious elements such as murder, assault, sexual assault and mayhem could strip this person of parental rights.