Content

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

J Joint custody, or as they say, joint custody, is an agreement that allows both parents to make decisions and / or visitation rights regarding their child.If both parents agree on all aspects of legal and physical parenting, then signing a joint custody agreement is a formal process. However, sometimes one parent will have to work hard to qualify for joint custody. Read on to find out how to get joint custody.

Steps

Part 1 of 2: Filing a Petition

1. 1 Hire a lawyer. You do not need a lawyer to register a general custody agreement, but his presence is desirable. From the moment you apply for joint custody, you will need to prove your ability to make decisions about your child and the possibility of him or her living with you - this is not easy if a judge has previously awarded sole custody to your ex. A good family lawyer will be empowered to guide you through the entire paperwork and complex petition process, as well as through the court system. But if you can't hire a lawyer, you can easily move on without outside help.
   • Look for a lawyer with years of experience helping people apply for joint custody. Either way, try to find someone with a successful track record.
   • If you feel like you must continue on your own, check out state guardianship laws. Do your research on what you are dealing with and how to move forward.
2. 2 Have an idea of ​​the petition you want to file. Visit or call your local court clerk to find out which petition suits your situation. Explain to the court clerk that you want to schedule a child custody hearing in order to obtain joint custody of your child. Your lawyer will choose the type of petition that suits you. There are several types of petitions that can be used:
   • Request to review or update a petition that has already been reviewed. If the court has already certified the child custody opinion, which could have taken place during the divorce, then you will have to file a petition to terminate the previous joint custody agreement.
   • Application for approval of guardianship. If you have never gone through legal proceedings to award custody to any parent, then file this type of petition.
   • Request for confirmation of paternity and establishment of guardianship. If you are a father and your paternity is in question, this type of petition will allow you to mandate a paternity test and reopen custody proceedings.
3. 3 Submit your petition and other required documents. Fill out all the required information on the petition. You may also need to fill out an application for general care, detailing how you feel about how legal and physical responsibilities should be separated. Your civil court is authorized to provide you with a worksheet for this purpose and is often required to be filed with the petition.
   • Have your lawyer review the documents before filing them. You will be more likely to get the custody agreement you want if your paperwork is completed correctly.
   • Submit your petition and other documents through the court clerk. You will be required to pay a registration fee, which can be waived or reduced upon request.
4. 4 Make sure the other parent gets a copy of the petition. The court will provide a copy of the petition, which will be passed on to the other party. In most states, you cannot ship it yourself; for this you need a disinterested person. Make sure that the person delivering the petition has completed a court form, which must be registered with the courthouse.

Part 2 of 2: Preparing for the Hearing

1. 1 Prepare your case. Gather as much information as possible and provide supporting documentation to prove to the judge that you should be awarded the general custody you are requesting.Use the argument that communicating with both parents is in the best interests of the child. When considering child custody cases, this is what courts look at:
   • Profitable activity. You must be able to show that you can meet all of the child's needs.
   • Accommodations. It is important to have a safe and stable environment for children when they visit you.
   • Mental and physical health. You will have to prove mental and emotional fitness and physical ability to care for the baby.
   • History of abuse. This includes mental, physical and sexual abuse, as well as drug and alcohol addiction. Show that you have no dependencies.
2. 2 Visit a court-proposed mediator. The court will call you and the other parent to meet with the mediator, during these meetings the mediator will work with the two of you to reach a custody agreement. If you and the other parent agree with all of the suggested points at this meeting, the judge will sign it and the agreement will become formal. Otherwise, the case will go to the hearing.
3. 3 Present your arguments at the court hearing. You and the other parent must attend a hearing to determine if you will be granted joint custody. Work with your lawyer ahead of time to ensure that both you and your case are presented at the highest level. Once the judge has heard both sides, a decision will be made to either grant or reject joint custody.
   • Your behavior and attitude should be pleasant throughout the hearing. You can ruin your case by showing anger or showing signs that you are unable to make decisions about your child.
   • Show that you are involved in the child's life. Demonstrate that you know what lessons he is taking, who his doctors, teachers and other influencers are, and other important details. Discuss your own role in making your child happy and healthy.

Tips

• If you do not have a lawyer, you can seek help from your local legal aid office. Legal support provides free legal advice and / or provision to those who cannot pay for it. Even if they don't represent you in court, they will point you in the right direction when it comes to finding the required forms and filling them out correctly.
• Fill out the application forms carefully and completely. Do not leave blanks blank.
• When preparing your case, focus on the best interests of the child (s) and base your arguments around this.

Warnings

• The decision of the court on joint custody is not contested and a request for revision can be submitted at any time, due to substantive changes.