How to apply for full custody

Content

Steps
Part 1 of 2: Filing a Petition
Part 2 of 2: Preparing for the Hearing
Tips
Warnings

Full custody, also called sole custody, means the transfer of all parental rights to one parent. The parent has sole legal custody, (giving him or her the right to make decisions for the child), sole physical custody, or both. Most judges are in favor of granting joint custody to parents, but if one parent is dependent, has an addiction, or is struggling with another addiction that renders him unworthy of caring for the child, the court may consider it appropriate to grant full parental rights. If you are interested in obtaining full parental rights, please read these instructions to learn how to apply for full custody.

Steps

Part 1 of 2: Filing a Petition

1 Talk to a lawyer. Applying for full custody is not something you can handle on your own. You will need to hire someone who is familiar with state custody laws to get help filing the correct paperwork and provide information to help you obtain sole custody. If you fill out the forms incorrectly and leave out the information you need, you may not get a custody agreement that meets the needs of your child and yours.
- Look for a reputable family lawyer with years of experience working with people in the field of custody agreements.
- It is not mandatory to hire a lawyer to apply for sole custody. If you have made the decision not to hire anyone, no doubt do a thorough research of state laws to determine how to properly file the paperwork.
2 Visit your local court clerk to find out which petition to file. Each state handles child care cases differently, but all require appropriate petitions. What kind of petition you make will depend on the specific circumstances. Visit or call the court clerk for the information you need. Tell the clerk you want to schedule a child custody hearing and ask how to petition to start the process. The lawyer must know the correct filing forms.There are several types of petitions that apply:
- Request for revision or renewal of a petition that took place. If there is already a court order for custody of the child, you should file a petition to amend or completely cancel the previous contract.
- Petition for a guardianship order. If there have never been any court proceedings to award custody to any parent, you will need to file this type of petition.
- Petition for the establishment of paternity and for the award of guardianship. If you are an unproven paternity father, you must petition to obtain a mandate paternity test before considering a custody request.
3 Complete all paperwork and submit your full custody proposal. Along with the petition, many courts provide templates for you, like a short description of the exact instructions for delegating legal and physical custody. If guardianship rights have already been legalized, then you will have to explain why you are asking for the change. You will be asked for details in every aspect of childcare. Submit this form along with your petition.
- Make sure to have a lawyer review the documents before submitting them.
- Make two copies of the letterhead; one will be for you and the other will be for the second concerned parent. The original will be preserved in court.
4 Get the date of the trial or mediation. As soon as you submit your petition, you can immediately set either the date of the trial or the date of the meeting with the mediator. During this time, you and the other parent must be present to reach an agreement on a contract or to accept a court hearing.

Part 2 of 2: Preparing for the Hearing

1 Send the other parent a notice of the child custody agreement petition. By law, in order to continue the case, you must notify the other parent of the petition for changes to the guardianship agreement. The method of transferring documents varies from state to state, but in most cases you cannot transfer documents yourself. You can either submit a transfer request through the courthouse or hire a service company to do the job.
2 Provide proof of service. Have the person who handed over the documents to the other parent fill out a service provision form. When you receive your completed papers, you must return to court and provide proof that the other parent has been notified.
3 Provide evidence that will help your case. While it is rare for judges to grant sole custody to a parent, there are factors that influence their decision that could change it in your favor. Namely, you must prove that the other parent is not fit to take care of the child. Collect documentation in the form of police reports, medical bills, photographs, emails, and witnesses that can confirm that the other parent is a danger to the child. These are the things the judge takes into account when assessing the suitability of a parent:
- Seniority. The parent must confirm his competence in the position held and / or that his financial situation corresponds to the material needs of the child. Even if the parent does not have adequate employment, most judges will not see this as a reason for denying custody, or at least the right to visit the child.
- Housing. A suitable parent is one who can provide a safe environment for a child to live in. Provide evidence that the other parent does not have a permanent place of residence.
- Abuse. Any history of emotional, sexual, physical, or drug addiction that has been dealt with by family courts will be fundamental to the awarding of full custody to a single parent. Collect police files and other evidence of abuse.
- Health.Parents must prove that they are physically and emotionally capable of caring for the child.
4 Go to mediation and court hearings. It may be possible to reach an agreement on full custody with the help of an intermediary. If you cannot resolve the issue out of court, then go to the court hearing and talk about your case in court. Your lawyer should be on hand to assist you every step of the way.

Tips

If you cannot hire a lawyer, contact your local legal aid office. Legal Aid is a network of volunteer legal professionals who offer their services to those who cannot secure a proper legal representation.