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How Long Do Custody Cases Take

Janet McCullar by Janet McCullar
17/05/2023
in Blog
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How Long Do Custody Cases Take

Are you wondering how long do custody cases take?

One of the first questions that comes to mind when contemplating divorce is “How long will this take?” Whether or not parents can reach an agreement without going to court is a key factor in determining the timeline of a custody case.

Child custody decisions are rarely routine and must be based on what is in the best interest of the children involved. Then, how long do custody cases take?

As attorneys, we understand how crucial it is for our clients to have accurate information about anticipated timelines so they can plan their lives accordingly. In this article, we will discuss the factors that typically affect the duration of these cases, as well as strategies for ensuring that proceedings proceed as quickly as possible.

Table of Contents

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  • Common Types of Custody Cases
  • How Long Do Custody Cases Take?
  • How Long Do Custody Cases Last for Physical Type?
  • How Long Do Custody Cases Take for Legal Type?
  • How Long Do Custody Cases Last for Joint Custody?
  • Tips on Handling Custody Cases
  • Conclusion
  • FAQs about Custody Cases
    • Can I speed up how long do custody cases take?
    • What does it mean to have legal custody versus physical custody?
    • When a custody dispute arises, how does the court decide who gets custody?
    • When comparing sole and joint custody, what are the key differences?
    • Is it possible for a kid to pick one parent to live with?
    • How is a guardian ad litem defined?
    • How long does the average child custody case last?
    • Can I make how long do custody cases take longer?
    • Can custody orders be changed once they’ve been made?
    • If I am a party to a custody dispute, what steps should I take?
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Common Types of Custody Cases

Before answering how long do custody cases take, it’s important to first examine how many types of custody cases are there. A custody case is a legal proceeding to establish legal and physical custody of a child or children between a parent or guardian.

In family law, there are a number of different scenarios that could involve custody disputes:

  • Physical Custody: This refers to which parent the child lives with on a day-to-day basis. In some cases, physical custody may be shared between both parents.
  • Legal Custody: This refers to the right of a parent to make decisions about the child’s upbringing, such as education, medical care, and religious instruction.
  • Joint Custody: This is when both parents share physical and/or legal custody of the child.
How Long Do Custody Cases Take
How Long Do Custody Cases Take

How Long Do Custody Cases Take?

Now that you know several common types of custody cases, how long do custody cases take? The length of time it takes to resolve a child custody dispute can be affected by many factors, including the nature of the dispute, the court’s availability, and the parties’ willingness to negotiate a compromise.

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Some custody disputes are settled quickly, in a matter of weeks or months. However, there are situations where the process takes a very long time, even years.

How long do custody cases take increases in proportion to its complexity. For instance, if there are allegations of child abuse or neglect, the court may order an investigation or appoint a guardian ad litem to advocate for the child’s best interests. As a result, this may extend the process considerably.

How Long Do Custody Cases Take
How Long Do Custody Cases Take

How Long Do Custody Cases Last for Physical Type?

When it comes to physical custody cases, you may wonder how long do custody cases take, right? The duration of a physical custody case can vary based on a number of factors, including the case’s complexity, the jurisdiction in which it is heard, and the parties’ willingness to reach an agreement.

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In certain instances, physical custody disputes can be resolved quickly, particularly if the parties can reach an agreement through mediation or negotiation. In such situations, the parties may be able to reach a settlement within a few weeks or months, and the case can be concluded relatively quickly.

However, if the parties cannot reach an agreement and the case proceeds to trial, the duration of the case can be significantly longer. Trials can be time-consuming and costly, and the court’s verdict may not be rendered for weeks or even months after the conclusion of the trial.

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How Long Do Custody Cases Take
How Long Do Custody Cases Take

How Long Do Custody Cases Take for Legal Type?

In general, how long do custody cases take for the type of legal can be affected by a number of factors, including the nature of the dispute, the court’s availability, and the parties’ level of cooperation.

Since legal custody cases do not typically involve questions about the child’s day-to-day living arrangements, they may be resolved more quickly than physical custody cases. If the parties are unable to settle their differences, however, the case may go to trial.

The length and complexity of the physical custody component of the case can affect how long the legal custody portion of the case lasts.

How Long Do Custody Cases Last for Joint Custody?

How long do custody cases take if your case is in joint custody? The length of time it takes to resolve a joint custody dispute can also be affected by a number of factors, including the nature of the dispute, the court system involved, and the parties’ level of cooperation.

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The case may be settled quickly, in a matter of weeks or months, if the parties are able to negotiate or mediate a joint custody arrangement.

How Long Do Custody Cases Take
How Long Do Custody Cases Take

If the parties cannot settle out of court, however, the trial process can take much longer. The court’s ruling may not be issued until weeks or months after the trial has concluded, adding further expense and delay.

Additional time may be required to reach a conclusion if the case involves allegations of abuse or neglect. The case’s timeline could expand significantly if the court has to conduct an investigation or appoint a guardian ad litem to advocate for the child.

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Tips on Handling Custody Cases

This blog post has answered the question of how long do custody cases take, here are some tips on handling a custody case:

  • Retain the services of an accomplished family law attorney. An attorney can guide you through the legal system, explain your options, and advocate on your behalf in court.
  • Keep this in mind as you proceed through the legal system. Put the child’s interests ahead of your own when making decisions and taking action.
  • Don’t let your emotions guide your actions, as doing so can hurt your case. Keep your cool, think things through, and do what’s best for your kid.
  • eep conversations with the other parent are cordial and focused on the child at all times. Make an effort to collaborate on a solution that will satisfy everyone involved.
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How Long Do Custody Cases Take
How Long Do Custody Cases Take

Conclusion

As every custody dispute is different, it’s hard to give an accurate estimate of how long do custody cases take. It’s best to get in touch with a family lawyer who has experience in your particular situation and can advise you on how to proceed and how long the legal process is likely to take.

With the answer from Janet McCullar, you will be able to handle your custody case easily!

FAQs about Custody Cases

Can I speed up how long do custody cases take?

While there is no guaranteed way to speed up the duration of a custody case, being prepared, cooperative, flexible, attending all hearings and appointments, and following court orders can help minimize delays.

What does it mean to have legal custody versus physical custody?

The parent with legal custody has the right to make major decisions regarding the child’s upbringing, including those related to the child’s health, education, and religion.

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When a custody dispute arises, how does the court decide who gets custody?

The best interests of the child are the paramount consideration for the court in a custody case.

When comparing sole and joint custody, what are the key differences?

When one parent has sole custody, that person is responsible for all decisions regarding the child’s upbringing, while when both parents share custody, decisions are made jointly.

Is it possible for a kid to pick one parent to live with?

If the child is old enough and mature enough to express a preference, the court may consider that choice when making a custody determination.

How is a guardian ad litem defined?

In a custody dispute, the court will often appoint a guardian ad litem to advocate for the child’s best interests.

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How long does the average child custody case last?

The length of time it takes to resolve a custody dispute can be affected by a number of factors, including the nature of the dispute, the court’s availability, and the parties’ level of cooperation.

Can I make how long do custody cases take longer?

Adding unnecessary delays to a custody case is usually not recommended. Doing so may strain your financial resources, wear you down emotionally, and disrupt your bond with your child.

Can custody orders be changed once they’ve been made?

If there has been a substantial change in circumstances, such as a parent moving or a change in the child’s needs, the custody arrangement may be revised.

If I am a party to a custody dispute, what steps should I take?

Seek the counsel of an accomplished family law attorney if you are embroiled in a custody dispute.

Tags: how long do custody cases lasthow long do custody cases takethe length of time it takes to resolve a child custody dispute
Janet McCullar

Janet McCullar

Janet McCullar is a seasoned attorney who focuses her practice on matters involving parental infidelity and child custody disputes. Janet has successfully defended clients in a large number of difficult divorce and child custody disputes. In addition to this, Janet McCullar is a published author and public speaker who frequently discusses topics related to divorce and the custody of children.

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