How to Get Child Custody

To get custody or visitation rights with your child, you will need to file a petition with the court and have your case decided by a judge. The judge will hear your case and rebuttals from the child's guardian and then make a ruling based on what the judge believes is in the child's best interest.

Instructions

1. Integrate child custody into your mediation settlement. If you are seeking custody of your child after a divorce and are attending mediation sessions, bring up the custody issue with your mediator. The mediator can help you reach a child-custody arrangement without having to argue the issues in court.

2. File a custody petition. Each jurisdiction establishes its own requirements for a child-custody petition. Before you draft the document, request a sample petition from the clerk of the court in your state to make sure your filing is in compliance with state laws. Alternatively, you can integrate child custody provisions into your divorce petition.

3. Provide evidence to support your petition. The judge in your case will make a ruling based on what custody arrangement is in the best interest of the child. Consider your relationship with the child, the child's relationship with her current guardian, and how you can better meet the child's needs.

4. Make your case before the judge. After you file your custody petition with the court, you will be given a hearing date. The child's current guardian will be given a chance to rebut your claims. If the child is old enough to speak in court, the judge might ask to hear her opinion.

Tips & Warnings

• It is recommended that you speak with a licensed attorney to ensure that you do not compromise your rights to custody or visitation.

References

• How to Get Custody
• Custody