Litigation that involves your children is not something anyone wants to be involved in; however, when parents of a minor child cannot reach an amicable out of court agreement to a contested issue, litigation becomes necessary. In a divorce, for example, many of the issues that must be resolved directly impact the children. Even after a divorce is finalized, the issue of conservatorship and/or possession and access of the children may be revisited. If you are involved in custody litigation of any kind, you may be required to participate in a deposition. So you will have some idea what to expect, the child custody attorneys at The Law Office of Jon R. Boyd prepare you for a deposition.
Whether you are involved in an initial divorce or a post-divorce modification of custody, the litigation process follows some of the same basic steps. In the case of a divorce, one spouse initiates the divorce process by filing a petition for dissolution or divorce which is then served on the other spouse. In the case of a desire to change conservatorship (custody) post-divorce, one party files a petition to modify which is then served on the other party. In both situations, the responding party has a short period of time within which a written response must be filed. After that, the parties typically try to reach a mutually agreeable resolution. If an agreement is reached, the parties submit the agreement in writing to the court for approval. If the parties are unable to resolve the issue(s) quickly and amicably, the next step in the litigation process is the “discovery” process.