My daughter has been staying with my mom. She has filed for custody. I have spoke to my daughter she wishes to continue staying with her to help her out. I told her if she is happy I am happy. I want to avoid going to court. Is there papers I can fill out for my mom and avoid going to court
YES there are papers that you & your mom can fill out so that she will have either Temporary OR Permanent custody of your daughter, but you will not get these papers from the Clerk of the Court. I am referring to a settlement agreement aka Stipulation of Settlement that an experienced lawyer would normally put together & have all the clients sign, including the independent lawyer who represents your daughter, namely the 'Attorney for the Child.'
Many people think that they can reach their own, independent arrangements when it comes to the custody of a child, but the Court system sees things much differently. ALL arrangements regarding the custody of a child must be approved by the Family Court, in your case. If you do not take this step, you are going to find that in the future should any problems arise, the Court will impose its own, independent measures regarding your daughter.
Your daughter DOES NOT have to go to Court. Her input is not needed, unless she is 16 yrs old or older. Many litigants seem to be told by inexperienced lawyers who have no business working in this field of law that the children themselves are to go to Court, testify at trial, etc. This is WRONG unless a 'Lincoln hearing' takes place.
At the very least, you need to consult with an experienced Family Court lawyer, even if you choose to represent yourself.
Yes. Speak to an attorney. Get them drafted and signed and skip court.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline