How to Get a Copy of a Court Order?

 

Too often, a parent needs to take legal action on a custody or child support issue, but does not have a copy of the most recent court order.  If you do not have a copy of the order(s), you can contact the court (or Child Support Agency, where applicable) that issued the order(s) and request that they send you a copy.  

 

Typically, it involved calling the court clerk's office, and letting them know you would like to request a copy of your child custody order or child support order.  They can then tell you what the copying fee will be, and usually will tell you to mail a request, with the check and a self-addressed stamped envelope, so that they can return it to you with a copy of the court order.

 

You should always keep a copy of any existing orders for your records.   This is important so that you know, and and can protect, your legal rights.  

 

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TIPS FOR REPRESENTING YOURSELF IN FAMILY LAW MATTERS

TIPS FOR REPRESENTING YOURSELF IN FAMILY LAW MATTERS

Although you have an absolute right to represent yourself, there are significant risks and
responsibilities which go along with that right. It is important that you carefully examine the risks
at every stage of the court process to determine if you are able to go forward without an attorney.  If you cannot afford to retain an attorney, you should also look into getting some type of more affordable, limited scope type help from a family law attorney.

1.  Keep all of your legal papers organized and in one place.
2. ‚ Keep track of important dates in your case, such as filing deadlines, response deadlines,confirmation times, hearing dates and trial dates.
3. Preparing Your Forms.  Family Law Forms for Court Pleadings usually are available at the Clerk’s Office or on the Court's website.
4. If there is one in he County in which your case is being heard, it is a good idea to review all pleadings with the Courthouse Facilitator before going forward to make sure you have the right forms.
5. File your documents with the Court and have the other party(s) properly served with the documents (generally you can have the local sheriff serve them).
6. Get a Hearing date.
7. Dress professionally for Court.
8. Arrive early to Court.
9. When your case is called, you walk forward to the Bar, behind which are sitting the Clerk and Judge. You can put your papers and notes on top of the Bar or Counsel Table.
10.  Speak only to the Judge and not to the other party. Unless you have a legal objection, do not interrupt the other side.  Keep your argument simple and relevant to the issues.  Tell the Judge what you want and why you want it.  If necessary, counter any arguments brought up by the other party.
11. Conclude with a summary of what you want.
12. If you are the one seeking an Order of the Court, have a proposed Order with you so that the Judge’s ruling can be set out in writing and filed promptly. 

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What is the Putative Father Registry?

The Putative Father Registry records the names and addresses of fathers (or men who believe they are fathers) of children born outside  of marriage.
 
Why should a father put his name on the Putative Father Registry?
The Putative Father Registry allows a man to “officially” claim he is the father of a child. A man may want to do this before paternity is legally established if he can’t find the child’s mother or if the mother doesn’t want to establish paternity for the child.
 
The Putative Father Registry is used in adoption proceedings to identify the child’s father, and promptly secure his consent to proceed with the adoption. A man who is concerned that his child may be adopted without his consent should place his name on the Putative Father Registry before the child’s birth or within a certain amount days (depending on the state) of the child’s birth in order to be notified of an adoption proceeding for the child. Failure to file in a timely manner shall waive a man’s right to withhold consent to an adoption proceeding unless certain factor(s) exist.
 
Notice of Intent to Claim Paternity
A man’s name is added to the Putative Father Registry when a court order is entered saying he is the legal father. A man can also add his name to the Putative Father Registry by filing a Notice of Intent to Claim Paternity or Acknowledgment of Paternity (or similar document) with the Bureau of Vital Records (or similar department).  Filing this notice does not establish legal paternity, but it does create an official record of the man’s claim to be the father of a child. The man’s name is not added to the child’s birth certificate. A man should contact the Bureau of Vital Records (or equivalent department) if he wants to add his name to the registry.
 
A person filing a Notice of Intent to Claim Paternity of a child shall notify the registry of any change of address.
 
Who should register?
A man who is not married to a child’s mother may acknowledge paternity by completing the Notice of Intent to Claim Paternity. The completed form must be notarized and mailed to the Putative Father Registry.
 
A person who has filed a Notice of Intent to Claim Paternity sometimes may be able to revoke a Notice of Intent to Claim Paternity by submitting a rescission to the Bureau of Vital Records (or equivalent department).
 
An un-revoked Notice of Intent to Claim Paternity of a child may be introduced in evidence by any party, other than the person who filed such notice, in any proceeding in which such fact may be relevant.
 
Voluntary acknowledgement of paternity
Parents can voluntarily establish paternity for their child by completing an Affidavit Acknowledging Paternity any time after their child’s birth. When both parents properly complete and sign this affidavit, the man’s name can be added to the child’s birth certificate and the man becomes the legal father of the child. This affidavit can have the same effect as a court order establishing paternity (in most jurisdictions) and can be used as a basis for entering a child support order.

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How to Appear in Court via Telephone

 Many courts allow parties to the case, including family law cases, to appear by telephone, particularly if one lives a significant distance from the Court.  Please be aware that the use of a telephone appearance must be approved by the Court in advance and may cost the party a small fee. However, many do not charge those litigants who are indigent and have secured a waiver of costs.

Generally, in order to participate by telephone a proper request/motion must be timely filed with the Clerk of Court well in-advance of the court hearing date.  The specific process can vary from court to court, so contact the applicable court clerk as soon as possible to determine what you need if you need to request to appear by telephone. 

IMPORTANT:  If possible, it is always best to appear for court in person.  Remember, family law judges are human, and in-person appearances are more likely to have a positive impact on the court because is shows the court how serious you take your case.  

This article is for information purposes only, to provide people more knowledge and a better understanding of family law, including child support and child custody cases, so that you may better assert and protect your rights.  It is not intended as a substitute for legal advice from a licensed attorney in your jurisdiction.

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How to Win Your Child Support Case Without An Attorney

What If I Cannot Find the Other Party for Service of Legal Action?

 Before a court can have jurisdiction over a defendant, the plaintiff must serve him or her with the legal documents that show that a legal action, such as a paternity, child custody or child support case is pending against him or her. 

What is Service by Publication?

When a legal action is initiated against a defendant, and that defendant cannot be found to accept delivery of legal documents, service by publication may be permitted by a judge's order. This process refers to official notification published in the newspaper. Notice of publication must conform to certain legislated guidelines in the areas of process and format.

How Does Service by Publication Work?

This process refers to the act of serving a summons or another legal document pertaining to a lawsuit by publishing it in a general-circulation newspaper. It gives “constructive notice” to an unknown, intentionally absent or in-hiding defendant. Constructive notice assumes that the defendant receives the notice even when not delivered in person. This service of process is permitted only on a judge’s order after a sworn declaration has been given of the failure to locate the defendant after exercising due diligence. The court considers publication effective whether or not it is read by the defendant.

If you have exhausted all of the methods to have the individual served by personal service, you may be able to have the person served through another method, specifically Service by Publication.

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What is Child Custody Mediation?

 

Child custody mediation is an opportunity for parents to resolve their situation about a parenting plan and visitation schedule for their child(ren).  In mediation, the parents try to reach an acceptable agreement by engaging the help of an expert (a mediator) in resolving these disputes. 

If the parents are able to work out an agreement, great!  If so, the mediator typically assists the parents write a parenting plan.  It then may become a custody and visitation order if it is acceptable and signed by a judge.  The judge will do so if he/she believes the agreement is in the best interests of the child(ren).

In some jurisdictions, the mediator can give a written recommendation to the parents and the court if the parents cannot agree to a parenting plan.  Also, some jurisdictions mandate mediation prior to a custody/visitation hearing before the judge.  In addition, some courts provide this service to the parties, while others only offer the option of private mediation.  

The goals of mediation are to:

1. Help the parties set up a parenting plan that is in the best interest of your children. 
2. Save the court time and money by eliminating the need for a hearing when the parties can reach an acceptable agreement. 

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How to Win Child Custody and Child Support Case without an Attorney