How Do I Petition for Custody of My Son Back?
Custody proceedings in family court are among the most important legal matters an individual can face. In divorce cases, or when the state removes custody rights for what it deems inadequate parenting, a parent can lose the right to care for and even see his or her children. Nevertheless, a loss of custody is not necessarily permanent. Parents can seek redress in the courts in an effort to win custody back. The process, however, is rarely a simple one.
Other People Are Reading
Instructions
-
-
1
Hire an attorney who is well-versed in family law and has experience litigating custody disputes. Not everyone can afford a lawyer, but for those who can, retaining legal counsel should be the first step.
-
2
File a petition for custody with the county courthouse of your son's home county (generally defined as his place of residence in the last six months). Each jurisdiction will have its own specific procedure, paperwork and filing fees for a custody petition. Inquire with your county clerk or consult the courthouse website.
-
-
3
Document in your court paperwork your name, the name of your son, the custodial parent's name, address information, your financial background (including assets, income, debts and other relevant financial data) and past court decisions affecting custody.
-
4
Present evidence on your behalf that indicates that awarding custody to you represents "the best interests of the child," which is the guiding legal principle in most jurisdictions. The judge will make this finding based on your relationship with your son, the nature and quality of the home environment you will provide, the impact a custody change (and possible residency change) will have on the child, your financial well-being and general capacity as a caregiver and the child's own preferences.
-
5
Appear at all scheduled court hearings related to your custody petition. If the judge is persuaded, he will grant you custody of your son.
-
1
References
- Photo Credit Comstock/Comstock/Getty Images
