How to Sue the State to Get Back Child Custody
Each state has different laws regarding child custody. Even if the parents of a child were not married, each parent could still have a claim for custody of a minor child. The most common universal standard to determine custody is the "best interests" standard. This standard takes into account several factors to determine what custodial situation is in the best interest of a child such as the stability of the living situation, love and affection in the home and school performance. If neither parent is able to care for a child, it may be in the child's best interest to be removed from the home and put into state care, however, it is always possible to regain custody of a minor child.
Other People Are Reading
Instructions
-
-
1
Fix your living situation. If you have lost custody of a child, there is an official reason listed. If custody has gone to another parent, there will have been a hearing and a final judgment entered granting custody. Read the terms of the custody agreement and why custody was awarded to the other parent. If the state has taken custody of your child, their goal is always to reunite a child with her biological parents. Call your state's child custody agency and get access to your file. Your file should contain information regarding why custody was taken away and granted to the state. Change your living situation and create a stable living environment for the child before doing anything else.
-
2
File a motion to regain custody. This will need to be filed with your state agency or family court division. If filed with a state agency, a social worker will come to evaluate your living situation and determine if things have changed enough to regain custody of a minor child from the state. They will evaluate how stable your living condition is and if you have changed your conditions to make your home more suitable for a child. If another parent has gained custody, file the motion with the family court that granted custody originally, an attorney can help with this if needed. You may be granted extended visits with your child before you can regain full custody. Don't miss any visitation dates; this is frowned upon by the state.
-
-
3
Appear at your hearing or social worker meeting. If there is a child custody hearing set, show up on time and with any documentation that may show a change in circumstances that would favor you in regaining custody. Depending on your state's specific laws, there may be a waiting period to regain custody. If the other parent wishes to initiate a "joint custody" proceeding (both parents share custody), you must prove that you are the more fit parent to have sole custody. If a social worker is involved, keep in regular contact with your worker. Ask them what you need to improve to help your chances of getting custody; their goal is always to reunite a child with his biological parent.
-
1
