How Does The Process Work If The Parties Can’t Agree On Custody?


  • If the parents cannot agree on who will have custody of the children, then a motion for a family relations custody study must be filed with the court.
  • Family relations is an arm of the court that will investigate who will have custody of the children.
  • They will meet with each party and the children separately, look into the children’s medical and educational records and talk to whoever the parties wish them to speak with.
  • That process usually takes 3-6 months.
  • When a custody study is started, a guardian ad litem or an attorney for the minor children is appointed.
  • A guardian ad litem is for younger children, usually 14 and younger.  That person is appointed by the court and they will determine what is in the best interest of the children.
  • For children who are 14 and up, an attorney for the minor children will be appointed and that attorneys job is just to be the mouthpiece of the children to be able to tell the court what are the children’s preferences, who they want to live with.

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