How to File a Petition to Ask for Sole Custody

Parental rights are typically only terminated when there has been a verifiable situation such as abuse.

Judges in family court work to make custody decisions based on what they believe would be in the best interest of the child. Parental rights could either be shared by the parents or given to one parent or a guardian. In recent years, family courts have taken on the challenge to be more fair in custody awards; traditionally the courts have appeared to favor mothers in custody cases. If you plan to seek sole custody of a child, you must have a reason compelling enough for the court to rule in your favor.

Things You'll Need

• Custody Petition Forms

Instructions

1. Contact a family law attorney. Although you can complete a petition for custody on your own, child custody cases can be challenging, and an attorney who specializes in family law will be able to help you navigate the process.

2. Prepare your case. You will need to be clear with the court regarding your reasons for seeking sole custody. If there are events that lead to the current custody dispute, be prepared to share those with the court. You also should be prepared to share personal information pertaining to the parent and child relationship. It will be in your best interest if you are as clear as possible with the details that could affect your case.

3. 

   An attorney can help you complete the petition as well as help you prepare for your court appearance.

   Contact your local family court self-help center for custody forms and processes. Many courts now provide Internet access to court information and forms. When completing the forms, answer all questions honestly. Once the forms have been completed, follow the court's procedures for filing documents.

4. Appear in court. Once all involved parties have been served or notified of the petition, a court appearance will be scheduled. Arrive to court on time and fully prepared to present your case. Custody cases are emotional, but do your best to be respectful and polite in your delivery. Make your reasons for seeking sole custody clear to the court. If the court rules in your favor, you will be granted sole custody. If the court does not rule in your favor, you will have an opportunity to appeal the decision to a higher court.

Tips & Warnings

• If you plan to litigate custody on your own, contact a child custody self-help center to obtain procedure information and assistance with completing the petition.

References

• Divorce Lawyer: Custody Rights
• Child Custody Coach: Filing for Child Custody
• Custody Laws: Petitioning for Sole Custody

Resources

• Woman's Divorce: Sole Custody
• Expert Law: Filing for Sole Custody
• Fresno Superior Court: Instructions for Starting Petition and Custody Support of Minor Children