Importance Of The Burden Of Proof In Your Divorce Case
Divorce proceedings do not deal with property division, custody issues, and spousal support alone. Instead, it determines a fair and balanced settlement of both parties claims.
To do this, each spouse must provide evidence to support their case. This is the burden of proof and is usually the claimant’s responsibility.
If you are involved in a divorce case, it is important to gather evidence as soon as possible with the help of a family law and divorce attorney.
This article will help you understand the importance of the Burden of proof in child custody cases in greater detail.
What Is The Burden Of Proof?
The burden of proof is the standard or amount of evidence an individual must provide to substantiate their claim in court.
This is required in almost all courts, including civil, criminal, and family law litigation. For example, even a car accident victim is responsible for proving the negligence of the other party and the loss of life.
Ensuring that the other party has received the divorce papers is the absolute necessity to proceed with the Burden of proof in child custody cases. “burden of proof” is a legal term that describes the person responsible for proving a charge.
During a divorce, neither party demands absolute proof that certain facts are true. Instead, you must provide evidence to convince the judge that a fact or statement is true.
When Can A Child Custody Order Change?
If your parents divorce or separate, you may be able to get a first custody order that describes your custody agreement.
Your child can change the court’s decision at any time before the age of 18. If a parent asks the court to make a modification, the judge will agree. Parents who want to make changes usually do so with the help of a family law attorney.
Here are some circumstances that need a Burden of proof in child custody cases to change the court’s order—
1. Physical Relocation
The non-custodial parent can petition the court to change custody if the custodial parent moves. However, relocation is not considered a substantive reason to change custody of a child automatically.
Therefore, there is no guarantee that this application will succeed, but the courts should consider the transfer in their decision.
2. One Parent Refusing To Follow Custody Terms
If the other parent is the parent of a child who is disobeying a court order, you can request a change of custody of the child. You must give the other parent proper notice and provide the court with evidence that the breach is a material change in circumstances affecting the child’s welfare.
In addition to requesting a change of custody, you can also protect yourself from contempt of court. It is best to take your case to an experienced family law attorney.
3. Changes In The Child’s Needs
What works for babies may not work for toddlers or middle schoolers. A child may need a different environment to develop at different stages of life.
If the child has a mental, emotional, or physical disability and a single parent is better suited to care for the child, this may be grounds for a judge to change custody.
4. Changes In A Parents Situation
A child custody order is not written in stone, but you can request a change of custody based on a parent’s changed circumstances. You must prove that the change is significant and will significantly impact the child’s life.
For example, if parents are not a problem with violence, they can work seriously for two years and have more time with their children.
5. Child In Danger
Child abuse is one of the most compelling reasons why judges should change custody. If a parent engages in behavior that puts their child at risk, the court can modify the order and revoke or significantly limit the parent’s physical custody.
Conduct that is the basis for a child custody modification can include physical, emotional, sexual, or psychological abuse (including verbal abuse).
Frequently Asked Questions
Divorce cases are not easy, especially when your kids are involved. This is why you should know everything about the burden of proof in divorce cases. These are some of the common questions many are asking. Here is an answer to them.
Ans. In the event that mediation is unsuccessful, both parties are required to present their respective evidence as proof during the evidence proceedings. The petitioner is questioned and cross-examined first, followed by the other party.
Ans. Both parties must provide their respective evidence as proof during the evidence proceedings if mediation is unsuccessful.
Ans. The judge’s decision, which serves as the foundation for a financial order, will be the conclusion of the last hearing. The judge will take into account a number of factors before making a decision, including the welfare of all minors, those less than eighteen, income, capital belongings, and both parties’ financial requirements.
Ans. Here are some of the questions you should prepare yourself with when it comes to the burden of proof divorce cases.
• You Were Married for How Long?
• Have You Finished the “Cooling Off” Phase?
• What Steps Have You Taken to Get to a Resolution?
• Do You and Your Partner Share Children?
• Have You Read the State’s Guidelines for Child Support?
What Is A Burden Of Proof In Sole Custody Like?
Joint custody means that the parties share the ability to make important decisions such as education, religion, and non-emergency medical care.
A parent fighting the other parent’s claim for sole custody is responsible for proving that he is fit and able to care for the child. Therefore, it is important to adapt to the specific claims of the custodial parent.
Read Also:
