Things You'll Need:
- Complaint for custody
- Evidence of your fitness as a parent
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Step 1
Determine the type of custody you are seeking. There are two types of custody, physical and legal. Legal custody of a child grants you the power to make decision about the child's care such as education, healthcare and religion. Physical custody grants you the power to have the child live with you. The court can order that either form of custody be granted to one parent, or be shared by both parents.
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Step 2
File a complaint for custody with the court. This can be done as part of a divorce, if you are getting a divorce at the same time, or as a seperate pleading. In your complaint for custody you will be required to provide contact information for you and the other parent, the names and birthdates of your children, and what you are requesting.
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Step 3
Serve your complaint on the other parent. In order for your case to proceed you must have the other person served. You can do this yourself, or pay for the sheriff to do it. It is important that you have them served as soon as possible, because the case cannot proceed without service.
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Step 4
Gather evidence to support your request. The court will consider such factors such as the sucess of the current custodial arrangement, the age of the children, the bond between the children and their parents, the circumstances of each parent, as well as other factors. You should be prepared to explain to the court why you will be the best parent to raise the child. This could include family photographs, plans for the child, school records, medical records, etc. If you are alleging that the other parent is not a fit parent, you should be prepared to present evidence to support that claim as well.
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Step 5
Be prepared to compromise. The court's goal is to determine what is in the best interest of the child, and the usual default is that it is ideal for children to have a relationship with both of their parents. Even if you are granted sole legal and physical custody, the court is likely to allow the other parent to visit with the child.
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Step 6
Go to your hearing. The court will schedule a hearing on the matter. Go to this hearing, present your evidence, and await the court's order.
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Step 7
Follow the court's order. If you fail to follow the court's order you can be found in contempt, which could endanger your legal relationship to your children. If you are unhappy with the terms of the order, or you need to change them in the future, file for a modification with the court rather taking matters into your own hands.
