How do you get custody of your children?

Answer 1

Canada

You just file for custody at the courthouse and then go to court. You have to serve the other parent with papers, but that's about it. If there's a reason you can't have custody, or it's been taken away, you need to prove that you've made an effort to change. (Parenting courses etc.) Otherwise, they decide based on what's in the child's best interests. Generally, the first court appearance is brief, they'll assign a court trial date, which you have to go to at another time. Get a lawyer if you can.

United States

If the mother has custody already he must prove to the court that she is unfit.

The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:

• physical, emotional and sexual abuse
• excessive discipline
• failure to protect the child from abuse by others
• failure to report abuse of the child
• neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
• failure to provide proper medical care
• failure to provide day to day parental care
• serious illness or disability
• mental illness
• substance abuse or addiction
• Alcoholism
• criminal activity and/or associations
• incarceration
• conduct or conditions that are seriously detrimental to the child
• abandonment
• child endangerment
• leaving the child unattended or in the care and supervision of a child
• a failure to provide adequate supervision
• unsafe living conditions
• a medical condition that makes it impossible for the parent to adequately care for the child

Answer 2

You must properly petition the court that has jurisdiction to hear the matter and present adequate argument and evidence that your gaining custody of the child is in the child's best interest.

There are many steps involved and to maximize your chance of success it is best to have an experienced attorney available to assist you. For a free quote and consultation about how to get an affordable child custody attorney in your state call 800 245-1494.

Answer 3

To successfully obtain your custody rights, the first step is to acquire all of the knowledge that you can about how to present yourself and your custody case to the court and/or the custody evaluator.

It is important to be proactive in your case and not rely upon an attorney or the court system to do your work for you. You will be very disappointed with the outcome if you don't take control of your case from the start.

First consider what type of custodial plan will serve the best interests of your children. Then, start your preparation to convince the Judge or Custody Evaluator that your plan is the one that will benefit your children the most.

Neither the Judge, nor the evaluator is interested in clever arguments from your lawyer.

They want to know who YOU are and why they should give YOU all of the custody rights that you are seeking.

Parents often believe that if they are a "Good Mom or Dad," their rights will be protected. It doesn't work that way.

After 30 years of litigating custody cases, I can assure you that unless you personally have the knowledge about what the Judge or evaluator is looking for and how to present that information in a manner in which they will be receptive, you may as well save your time and money and not pursue an aggressive plan to obtain child custody.

Lawyers don't have the time, nor can you afford to pay them their hourly fee, to give you personal training in how to properly present yourself and your custody plan.

Read everything you can about how to win custody. There are lots of great books available on the internet. See related links.

Just be certain that you choose books by lawyers and litigation specialists, not a dad or mom who has seen one case or a psychologist who has never presented a case to a Judge.

Once you have the knowledge about How to Succeed in Your Child Custody Case, then and only then, file the necessary documents yourself or have your lawyer file the documents for you to commence your custody action. The Clerk's office of most courthouses will assist you with the papers necessary to start your action.

Answer 4

This depends on circumstances. Single mothers have sole custody by default, until ordered otherwise. You achieve custody through preparation and hiring a good attorney, not just one based on a referral. see links

Answer 5

Have sufficient evidence that:

1.) You are a fit parent

and/or

2.) The guardian of the children is an unfit parent

and then: present the information in front of a judge in a court of law.

Answer 6

If you are not one of the parents then you need to get a Lawyer or legal document preparation service (legalzoom cough cough) to prepare an application for legal adoption. Then you need to file it in family court and there will be a court filing fee unless you apply for a fee waiver because of lack of income and the court approves it. WHATEVER YOU DO DON'T LIE IN ANY WAY ON THESE DOCUMENTS. They can find out what car is registered to you and its worth for example. If you drive a 2001 everyday car you wont get denied for that. But if they find out you own a 2010 Mercedes-Benz then you're going to get denied. This is the way it is in California. I am not sure if you are in a different state but I hope this help you. This is what my brother had to do who was in your same exact situation.

Answer 7

A person can loose can custody if proven that he is incapable to take care of the child or the children. Even if one party is financially weak he may loose the custody. I suggest you to approach SSA for more details. You can call on : 093222 86663 or email on lawyersidd. As they are well versed in divorce law.

Answer 8

You must go to your superior court in your county and petition the court for custody.

Answer 9

Your husband have to go to court and petition for custody. Unless the mother is unfit and you can prove it, it will most likely not be full custody though.

Answer 10

how can you lose custody of your children?