How Do I File for Full, Legal Custody of a Child?

Child custody actions are specialized civil law suits.

While the law regarding child custody varies among states, each jurisdiction will generally apply some form of the "best interests of the child" standard--the requirement that the court promote the child's healthy development, both physical and mental, above all else. Strict observation of civil procedure rules therefore takes a back seat to the child's best interests; after all, no judge wants to grant full custody to a drug addict just because the other party filed her answer late. Parties must remember, however, that child custody actions are civil lawsuits that require adherence to procedural rules and sound trial practice.

Instructions

1. Although most states publish their domestic relations codes on the Internet, much of what people consider "the law" in any state is embodied in case law not readily accessible by the lay public. Find out how your state defines terms such as "custody" and "visitation" and what factors a court will consider in analyzing the best interests of the child.

2. Analyze your case in terms of what you have versus what you can reasonably expect to achieve in court. Realize that there are 365 days in a year for the child to spend with both parties, and a court can divide these up in any number of ways. Recognize the possibility that a judge could give you less time with your child than you already enjoy.

3. Draft your complaint. Identify the parties, their county and state of residence and how long they have lived there. State which of you is the father and which is the mother of the child, and include the child's full name and date of birth. Most jurisdictions have implemented some form of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which requires all initial child custody pleadings to contain certain information, which can be extensive. This generally requires a disclosure of prior custody proceedings, a list of individuals who can claim custody or visitation rights with the child and a five-year residential history for each child.

4. Prepare your civil summons. The civil summons is a document that will be served on the other party along with a copy of the complaint. As the information required to be included in a civil summons is usually set by statute, many states will have a form civil summons available.

5. Prepare any additional documents required by your state and county. These might include cover sheets, questionnaires and checklists.

6. File your summons, complaint and ancillary documents with the clerk of court in the county where you wish to litigate your case. This will generally require the payment of court costs and a fee to the sheriff for serving the summons and complaint.

Tips & Warnings

• Consult with a family law attorney in your jurisdiction before filing any custody action.

References

• "The Uniform Child Custody Jurisdiction and Enforcement Act"; Patricia Hoff; Retrieved August 27, 2010.
• "Child Custody Basics"; Childcustodycoach.com; Retrieved August 27, 2010.
• "Child Custody Basics"; Lawfirms.com; Retrieved August 27, 2010.