How to Transfer Child Custody
When one parent or the other transfers custody of a child, this means that the custodial rights are given to the other parent. A transfer of custody may occur because a parent cannot take care of the child or because she is unable to pay for the child's upbringing. The court will decide that a transfer is the correct thing to do if the best interest of the child is not being met.
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Instructions
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Write a statement of voluntary transfer of custody under the supervision of an attorney. This statement will be filed with the court. Both parents should sign the agreement, according to Childjointcustody.com.
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Write down what other changes will occur as a result of the transfer and include this in the request, such as child support stipulations or visitation factors that come into play as a result of the change.
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Explain your circumstances and that of the other parent. If you have serious health issues, whether mental or physical, or the other parent does, this is a factor but not such a huge factor on its own that it will result in a change of custody.
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Note that a child's preference is rarely the major reason that a transfer or modification in custody is approved by the court, but you can include in your request that the child has expressed a preference for one parent over the other. The court will take into consideration the child's motivations as well as his age, intelligence and maturity.
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Realize that factors that can bear on a change of custody order include one parent having multiple relationships or marriages, frequent moves, interference with the other parent's visitation rights and failure to keep a job. However, changes in the custodial parent's environment have to be significant before a court generally agrees to a transfer of custody.
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Tips & Warnings
Note that sometimes parents enter into an informal and voluntary arrangement regarding change of custody. If the court determines that this informal agreement is beneficial to the child, it may make it a formal agreement.
References
- Photo Credit Child image by ivan kmit from Fotolia.com
