How to File for Full Custody of Your Child

Filing for child custody is best left to legal professionals who can help guide you through the sometimes treacherous process. However, whether you choose to file for full custody of your child on your own or enlist the help of an attorney, it is best to do your homework ahead of time so that you are aware of the legal process. Filing for full custody of a child, or children, is an emotional time. Arm yourself with knowledge to help get through the stressful times.

Instructions

1. Visit an attorney in your area who specializes in child custody and family law. It is important to find a lawyer who is familiar with your local court system, and an attorney whose practice is 75 percent, or more, family law. Be sure to ask if there is a consultation fee before going in for your appointment. Most attorneys offer free consultation.

2. Call your local Clerk of Courts at the Juvenile Court center. Begin by asking what documents need to be filed to schedule a child custody hearing. Follow up with inquiring about the filing fees for such documents and the time frame for a hearing date. This is also a good time to ask if they offer any assistance to low-income families if you think you may qualify.

3. Draft a Motion, or assist your attorney in drafting a Motion. A Motion is a legal document asking the court to step in and intervene in a particular matter. In the Motion, you must explain what you are seeking and the reasons for the Motion. If you hire an attorney, you will need to give the attorney the reasons behind your cause of action, and she can do the rest.

4. File your child custody Motion, and other requested paperwork, with the court system. You will most likely need to go in person to the clerk's office and file the paperwork. You will also most likely be responsible for paying a filing fee, though each court system is different. Some court systems allow documents to be filed to be mailed in, but make sure you have included everything required or your efforts will be wasted.

5. Gather all important documents to have on hand. Important documents can include your child's birth certificate, social security card, school report cards and health records. You may also need to provide your own personal information as well, such as work history and bank records.

Tips & Warnings

• Keep copies of all court documents, and keep them organized for easy reference.