How to File for Full Custody
As a parent in a paternity, divorce or similar type of proceeding, you may wonder what steps need to be taken in order to obtain full custody of your children. In many jurisdictions, full custody is known as sole custody. Despite some minor variations in the statutes from state-to-state, the general laws and related court procedures to obtain full custody largely are the same no matter where you happen to reside in the United States, according to "Child Custody A to Z" by Guy J. White. The website maintained by your state legislature provides a current copy of custody laws.
Other People Are Reading
Instructions
-
-
1
Go to the clerk of the court in the county where the child resides. Obtain a motion for full custody from the clerk. The typical court clerk maintains a selection of forms commonly needed in custody cases, which are available to people without legal representation.
-
2
Complete the motion for full custody, following the instructions provided by the court clerk. Insert basic information about yourself, the other parent and the children at issue in the case.
-
-
3
Include facts supporting why an award of full custody is in the best interests of the child. For example, note that the other parent is unavailable to assist in making decisions for the child and to provide a residence for the children.
-
4
Sign the motion. Your state's laws may require signing in front of a notary public.
-
5
Return to the clerk of the court's office and file the motion for full custody.
-
6
Send a copy of the motion to the other parent. In most states, certified mail is not required.
-
1
Tips & Warnings
Custody laws are complex. Consider retaining the services of a lawyer to represent you in establishing full custody. The American Bar Association provides resources to assist you in finding a qualified lawyer.
References
Resources
- Photo Credit children image by Mat Hayward from Fotolia.com
