How long does it take a family law attorney in the Chesapeake area to settle a child custody dispute?
Overview
When it comes to resolving child custody issues, one of the most common concerns for parents is how long the procedure would take. Like in most other jurisdictions, Chesapeake Family Law attorney, has a variety of factors that might affect how quickly a child custody case moves forward. A family law attorney is essential in helping parents navigate the court system and making sure the child's best interests are taken into consideration. This is an outline of what to anticipate in terms of timeliness when collaborating with a Chesapeake Family Law lawyer.
- First consultation and assessment of the case
Setting up an initial meeting with a family law attorney is the first step in every child custody lawsuit. In this meeting, the lawyer will assess the case's specifics, compile relevant data, and go over the intended results. This first phase can usually take several days to a week, depending on the intricacy of the case and the schedules of the parents and the lawyer. At this step, your attorney will also assess any current custody arrangements and evaluate whether the matter may be handled through negotiation or mediation, which could shorten the schedule.
- Submitting the Request for Custody
The next step is to file a custody petition with the court if the parents are unable to come to an agreement outside of court. The required court paperwork are served to the opposing parent upon filing of the petition, and they are then given a predetermined amount of time—typically 21 days in Virginia—to reply. A default judgment could be given in the event that the other parent does not reply, which could expedite the procedure. How quickly the parents act and whether the other party cooperates will determine how long this stage takes. This phase usually takes one to two months, including the time required to compile the required documentation and obtain information.
- Discussion and Settlement
Instead of going to trial, mediation or discussion are frequently used to settle child custody disputes. In an effort to come to a decision that is in the best interests of the kid, Chesapeake Family Law attorney courts frequently encourage parents to try mediation. Depending on the cooperation of both parents and the intricacy of the problems at hand, such as holiday schedules, custody rights, and decision-making authority for the kid, mediation may take a few weeks to several months. In the event that mediation results in a settlement, the lawyer will create a custody agreement that needs to be approved by the court. Several more weeks may pass, depending on the court's schedule.
- Hearings in Court and Litigation
In the event that mediation fails, the matter will go to court. The court procedure itself may take a long time, particularly if there are difficult issues or contentious matters, such as the necessity for psychological testing, relocation, or abuse allegations. Because of the court's hectic schedule, hearings are usually booked many months in advance. It is not uncommon in Chesapeake for a contentious custody matter to take up to a year or longer to resolve. Both sides will have the chance to present evidence, summon witnesses, and make their case in front of the judge during this period.
- Last Word
A final custody order will be issued by the judge following the conclusion of the hearings and the presentation of all evidence. The judge's decision may not be made for many weeks, depending on the case's complexity and the volume of cases the court is currently handling. Following the court's decision, both parents are legally required to adhere to the custody plan specified in the order.
In summary
Depending on a number of variables, settling a child custody dispute with a Chesapeake Family Law attorney may take several months or more. By making sure all documentation is submitted appropriately and assisting the parents with mediation or court processes, a skilled attorney can help speed up the process. Securing an agreement that is in the child's best interests will always be the main priority, regardless of the timeframe.
