What are some Preliminary Considerations?
The court is vested by the state with the authority to determine issues related to the custody of children of a marriage and for whom support is authorized, as well as emancipation, guardianship and other similar matters. It should be noted that the existence of a valid marriage bears absolutely no relationship to the propriety of a determination as to custody and visitation of minor children. Obviously there is no requirement of marriage for children to be brought into the world, but the issue is ripe for resolution within the family law context, whether it be a divorce, establishment of paternity or a child support action. When custody determinations are fully litigated it involves different phases. Typically the first phase is initiated by way of an order to show cause or ex parte application for custody, requesting temporary restraining orders. If the person requesting such an order is capable of showing an immediate threat of harm to the child or an immediate risk that the child m
