Although a formal child custody hearing is an important legal proceeding, the period of time leading up to that court session is also important. A variety of decisions are made by the court in the lead-up to the actual formal custody hearing in a particular proceeding.
Temporary Custody
Before an actual custody hearing, a father has the right to seek temporary custody of the child, according to "Child Custody A to Z" by Guy J. White. When a petition in a divorce, legal separation or paternity case, or when a motion regarding custody is entered in these types of cases at a later date, the court issues temporary orders. Temporary orders are in effect during the time the case or issue is pending before the court. A father can seek a temporary custody order during this time.
Visitation
A father not awarded temporary custody before custody hearings possesses an alternative right to visitation or parenting time. The purpose behind visitation or parenting time is to ensure that the father is able to continue and develop a meaningful relationship with the child even before a formal custody hearing is conducted before the court.
Child Support
A father awarded child custody on a temporary basis before a formal custody hearing has the right to obtain appropriate child support payments from the non-custodial parent on behalf of the minor, according to Cornell University Law School. States maintain child support guidelines, standards utilized to determine how much financial assistance the child is entitled.
Legal Representation
Another right associated with a father's custodial interests before a formal custody hearing is to obtain legal representation. Although a father has an alternative right to represent himself in legal matters associated with his child, a father's interests many times are best protected through experienced legal representation. The American Bar Association maintains resources to assist consumers in finding attorneys in their individual states and local communities.
References
- "Child Custody A to Z"; Guy J. White; 2005
- American Bar Association: Section of Family Law
- Cornell University Law School: Child Custody Overview
