Who Actually Makes The Determination Of The Best Interests Of A Child?
If the parties cannot agree in terms of what’s in the best interests of their own children and make an appropriate time-sharing plan in light of that agreement, then the judge will have to create a time-sharing plan based on what they believe is and is not in the best interests of the children.
How Long Does It Take For The Court’s Time-Sharing Plan To Become Official Or Finalized?
The length of time before a court-ordered time-sharing plan is finalized will depend on the circumstances of the case. If a magistrate hears the motions related to the time-sharing plan, then they will make a report and recommendation within 15 days of the hearing. A judge would sign off on the magistrate’s findings, after which the time-sharing plan would become official and go into effect. Prior to the time-sharing plan becoming official, neither parent is required to abide by it. However, it would be well-advised for the parties to abide by it anyway.
If either party believes that the magistrate committed an error, improperly applied the facts to the law, or made an improper ruling, then they can file an exception to the magistrate’s ruling. If an exception is filed, then the magistrate’s report and recommendation does not go into effect, which means neither parent would have to abide by it. A judge would then review the case and determine whether or not the magistrate acted appropriately or made a proper ruling. If the judge believes that the magistrate did indeed make a proper ruling, then they would put the magistrate’s recommendation into effect. If the judge determines that the magistrate made an improper ruling, then the motion would be set again in front of the judge.
In some cases, a time-sharing plan may be changed by court order or by agreement after it has already been made official and gone into effect. For instance, the parties may go to mediation and agree to a different time-sharing plan. If this were to occur, then the new parenting plan would be adopted by the court to a final judgment.
Can I Appeal A Final Divorce Decree Decision Or Time-Sharing Decision?
Due to the fact that most judges are overloaded with divorce cases, magistrates often assist with time-sharing plans. The time-sharing plan decided upon by a magistrate can be appealed by either parent by the filing of an exception to the magistrate’s ruling.
Temporary time-sharing plans can be entered by judges, and are referred to as interlocutory orders. These orders cannot be appealed, as there must first be a final judgment. If either party believes a judge completely ignored the facts or improperly excluded or admitted evidence in the making of a final judgment, then they would have 30 days within which to file an appeal of that final judgment.
If a case is pending, either party can request a rehearing. For example, if during the pendency of a case one party identifies evidence showing that the courts abused their discretion, committed an error, or made an improper exclusion or admission of evidence, then it may be wise to request a rehearing during which the court might reconsider or appeal the ruling.
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