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first paternity needs to be established by a simple test which usually is done by a quick swab of the inside of the mouth of the child mother and father. then both parents have the right to custody but the family court judge will decide who gets placement of the child. one of the parents or both needs to file a family court order requesting custody of the child. then at your first appearance in court the judge generally will assign a law guardianfor the child which is simply a lawyer that looks out for the best interest of the child. before your next court appearance both parents will have to meet with the law guardian who will ask several basic questions and may make a home visit to check the living conditions at each parents home. then at the next court date the law guardian will tell the judge what his/her findings are and will give his opinion as to who is better fit to have placement of the child and may have opinions as to what type of visitation should be established for the non-custodial parent. both parents or their lawyers will have their chance to tell the judge why they feel they should have placement and may add any negative things about the other party which helps their case. often before you go in front of the judge there may be a mediator that sits down with both parties and tries to write up some type of court order that both parties agree to so that when everyone gets in front of the judge everything is already written out and the judge will ask if everyone agrees and then the judge will sign the court order. family court orders can have all kinds of different stipulations in them that deal with pick up and drop off of the child, times, dates, holidays, medical care, and pretty much anything that the parties want in the order. if the parties cannot come to a mutual aggreement then a court date for a trial will be set. the trial is similar to a criminal trial, witnisses from both sides can be subpeonaed to come in and testify and everyone involved can be asked to take the stand and be questioned by the lawyers or the parent if no lawyer was retained.

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16y ago

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