There are 2 facets to custody over minor child(ren): there is legal custody and there is physical custody. Legal custody is the authority to make legal decisions for the child like their schooling, the religion they are going to be brought up in, and the time to get medical care Who the child(ren) are going to live with, is called physical custody.
When you and the child’s other parent can’t come to an agreement on physical and legal custody, you’ll need to petition the court to award a custody arrangement you desire. There are commonly three steps for petitioning for custody: the preparation step, the filing step, and the court step. The definite requirements and process for each step differs from state to state and the details of the case.
1. Decide what you want.
Begin by taking a little time deciding in detail kind type of custody arrangement you want. Are you wanting sole physical custody? Are there decisions you want to make jointly with the child’s other parent? Where is your child going to go to school at? Those and other details will have to be figured out throughout the custody process.
Talk about your wants with your child’s other parent. Try and come to an agreement on any of the matters concerning the child. The more issues you can agree on, the faster and les costly the court process is going to be.
2. Prepare for filing.
Prepare to petition for custody by getting familiar about the child custody laws in your state and locating the necessary forms. You can research for this information by looking online, contacting your local courts clerk, or heading to your local public law library. On the other hand, you can hire a family law attorney that can explain the laws and guide you throughout the process.
Next, start collecting the information you are going to need to complete the forms to petition for custody. This information usually includes basic demographic information about your child, the child’s other parent, and you; the type of custody you are asking for; and information on associated proceedings such as a divorce or paternity actions. When you have hired an attorney, they are going to give you a list of the information they require from you to complete the correct forms on your behalf.
3. File the request and give notice.
Complete the document petitioning your favored custody arrangement then file it within the court. When you’re in the divorce process from your child’s other parent, this request is going to be part of your divorce filings. When there aren’t any divorce proceedings, you are going to need to begin a new case by filing a petition for custody and paying the relevant filing fees.
In every case, you are going to need to give your spouse notice of your request for custody. The correct way of giving notice is subject on if the custody request is a part of divorce proceedings and if your child’s other parent is going to agree to renounce formal notice.
4. Present your case to the court.
You are going to be assigned a court date in which you are going to have the chance to present evidence that supports your petition for custody. The judge is going to ask you questions and might request added information. The judge may also order formal assessments like a psychiatrist assessment of your child and/or home visit.
There might be more additional court dates required prior to the judge issuing their decision. In complex cases, the judge might issue a temporary order in which the custody arrangement is going to be until their final decision is come to.
Bodniowycz, L. (2019, April 17). How to petition the court for custody. Retrieved March 25, 2021, from https://info.legalzoom.com/article/how-petition-court-custody