Child Custody

David Siegel: And your book has helped thousands of people in Aurora feel more comfortable with this very difficult process of going through either a divorce or having family law issues, which we’re going to get into. Custody, support, visitation, division of property. Let’s talk about the biggest issue involving children in custody battles. How do we litigate a custody battle from start to finish in simple terms?

Jesse Barrientes: It’s very difficult. In fact judges don’t like to do that either if we can separate the whole issue of the property and the division of the marital assets and liabilities from the custody, visitation, and support issues. Then if we’re just looking at just purely the custody issues, there are many different ways to kind of look at that. Initially what will happen is somebody will file a petition for temporary and permanent custody –

David Siegel: As part of the divorce proceedings?

Jesse Barrientes: As part of the divorce proceedings, right.

David Siegel: So it’s within this divorce case that’s already filed, someone is filing a petition for temporary custody, correct?

Jesse Barrientes: That’s right. Exactly right. And so –

David Siegel: Now what’s the court’s reaction to this?

Jesse Barrientes: Well, they’ll file it and – unless it’s an emergency. Because sometimes they have an emergency temporary motion to transfer custody or for temporary custody. The courts don’t like to do that either. They like to maintain the status quo. And the status quo is what’s going on at the time. So let’s say that the mother has the children and has had the children and the father comes in and tries to get temporary physical possession. Unless there’s a very good reason or emergency reason or the children are in harm or in danger, that’s most likely not going to happen.

David Siegel: Right. There’s a lot of misinformation out there. People believe that whoever has custody, the non-custodial party has no rights whatsoever. To visitation or anything. And I think one of the things the court likes to do is send them to mediation so that they can become educated on whether or not custody really means what they think. Because often times they don’t understand that custody does not mean the non-custodial party has no rights.

Jesse Barrientes: Right. That’s true. In fact, the courts will, if there is a custody or visitation issue, the very first thing that will happen, they will allow the other party to respond within generally 28 days or so.

David Siegel: Respond in writing.

Divorce Book

Child custody

Written response on a child custody filing

Custody agreements

Parenting class requirement

Divorce court costs & fees

Guardian ad litem cost

604B evaluation

Fighting over child custody

Visitation

Rule to show cause