Where Does One Start to Gain Full Custody of a Child? ?
Question by ?????: Where does one start to gain full custody of a child? ?
In regards to a single mother who is in care for the child now. How does such a court fight start. What proofs does the mother have to prove incapable etc.
No divorce involved either. How does this affect the situation.
Best answer:
Answer by Halo Mom
See a lawyer
Is the father in the picture
Does he want custody? (full or shared)
Does he see the child?
Does he pay child support
You can get 20 different single mom’s
Basic on the question above
Some will answer no to all, that will be easy to do
Some will answer yes, and that will be harder, if the father is involved a lot
Most will be answer yes/no to half
If you are not married it does not matter
I have a father on my block with full custody of his child, and he was never married to the mother. He was always the primary caregiver
I think that what matters for custody
Answer by Ruth
Well, it begins by filling papers with your local juvenile court requesting an order of custody be made. I would begin by going to the court in your area, and check with the clerk about what papers you will need to file a motion. When you file, you will be given a date for a hearing. Here is a link to a site which gives you access to the laws in your state. Find your state, look up the laws for civil or domestic and search for children’s code and custody laws in your area.
Your local court might also provide an online resource for the court documents, mine did. So, you can access the forms online and fill them out yourself. It is possible to file and request a hearing without having or paying for an attorney.
Now, about the other parent of the child: Do they pay child support? Do you have an order established for this or for paternity? You will have to get that taken care of as well, at the time you request full custody. Be aware that if the other parent is involved with the child at all, you will have to discuss possible arrangements for joint custody, if they request it, or at the least you will have to prepare and give the court a visitation schedule.
Now, if there are ANY issues regarding the other parent: drug abuse, alcoholism, or domestic violence or other violent behavior… these will be factors the judge needs to know about to make a good decision regarding the child. Also, if you do not know where the other parent is, you will still have to make every effort to serve them with the court documents, so they will have an opportunity to be in court when the hearing happens. Some jurisdictions require you to pay for the service, so you will have to find a professional process server.
Some people try to avoid this cost by having some friend serve the papers. Those papers have to be properly signed and notorized by the person serving them, and many times issues can be held up because of improper service, so don’t waste your time. Pay a professional to do it! If you just don’t know where the parent is, you can also purchase a public notice in the local paper for two weeks. Bring verification of this to the court and this proves you’ve made every effort to notify them.
Also, check at your local court house if they have what is called a “pro se” resource center. “Pro se” is the legal term for those who are representing themselves in a court action, rather than hiring an attorney. If you simply cannot afford legal help, it’s not impossible to help yourself. You might also check out legal resources in your area for free aide. Look up “legal aide” or call your local United Way number and ask them if they know of any agencies they can refer you to.
Now, if you are involved at all with social services, in getting any type of assistance for yourself and the child, they automatically take the absent parent to court to establish paternity and a child support order. If this is the case, and you might have a hearing pending, when you file your motion for custody, request that it be heard at the same time and in the same court.
It’s not an easy process for some, especially if the other parent is also wanting custody. So, if you have any further questions about it, based upon the details of the situation, please feel free to message me. I have been through it with seven children and four dads, and I represented myself through much of it. I would say, the most important thing, read the law and do your homework!
I will also list below some good books you can read which might help you understand how the legal system works.
God Bless and take good care.
R