Thanks to all authors for creating a page that has been read 143,296 times. Contact your court to see if this service is available to you. However, if the biological parents are also not performing their parental duties, you may have a stronger case. For more advice from our Legal co-author, like how to resolve a child custody battle through mediation, keep reading. A number of law schools operate “legal clinics” that offer low-cost legal services to the community. DivorceNet maintains a database of what factors each state considers in child custody cases. This is usually demonstrated by showing that the parent has not communicated with or supported the child. It also runs a weekly clinic at the state’s domestic relations courthouses. What can a grandparent do to ease tensions once they have been awarded custody of their grandchild? Who participates in extracurricular activities, such as coaching sporting activities or serving as a girl scout or boy scout troop leader. Who supervises all household chores and responsibilities? Ask them for the Legal Aid number. There are two types of child custody: physical custody entitles a parent to have his/her child live with him or her, and legal custody refers to the right and duty to determine aspects of your child’s upbringing (e.g., education, medical care, etc.). Either could happen, it depends on what drug is being used, the prior criminal/drug history of the parent, the judge's personal discretion, and other factors. In preparation for court, it is recommended that parents focus on presenting their own day-to-day child-rearing contributions to the court. References. wikiHow is where trusted research and expert knowledge come together. The evaluator may observe the interactions between parent and child in a home setting. If there has never been a court proceeding to award custody to either parent, you will need to file this type of petition. Photos that document incidents or injuries. What are my rights? Can I win custody of my child if I am married to someone else? Before scheduling a consultation, check with your state bar association to confirm that the attorney you’re considering is eligible to practice in your state. In addition, courts may consider others factors which could prevent a parent from serving as a primary custodian, such as a busy work schedule or a disability. In a primary custody situation, the parent with primary physical custody receives child support. A fit parent is one that can provide a safe environment for the child to live in. If you are both great people, the court will want to know why the child should live with you instead of the "ex.". You should be looking for three to five years of experience. Mutual agreement. If the Judge gives one parent sole legal custody, only one parent has the right to make major decisions for the child. Stepparent adoption is usually less complex than other forms of adoption. Here, you want to make sure the attorney will communicate with you regularly over email, by phone or in person. Re-reading Method 2, Section 3 of this article. It is unlikely that you will be able to get a custody order changed within the first two years. You will also be able to see whether the attorney has a disciplinary record. http://www.nolo.com/legal-encyclopedia/types-of-child-custody-29667.html, http://family-law.lawyers.com/child-custody/understanding-the-child-custody-mediation-process.html, http://hirealawyer.findlaw.com/choosing-the-right-lawyer/interviewing-a-lawyer.html, http://www.probono.net/oppsguide/organization.135298-Alabama_State_Bar_Volunteer_Lawyers_Program, http://www.law.northwestern.edu/legalclinic/cfjc/, http://info.legalzoom.com/petition-court-custody-21363.html, http://www.courts.ca.gov/documents/fw001.pdf, http://www.selfrepresent.mo.gov/page.jsp?id=38351, http://family-law.freeadvice.com/family-law/child_custody/custody-child-how.htm, http://www.divorcenet.com/resources/child-custody/child-custody-and-domestic-violence.htm, http://www.divorcenet.com/resources/divorce/divorce-and-children/the-best-interests-child-factors-a-, http://www.nolo.com/legal-encyclopedia/child-custody-faq-29054.html, http://www.divorcenet.com/resources/a-childs-preference-virginia-custody-proceedings.html, http://www.apa.org/pubs/highlights/spotlight/issue-11.aspx, http://www.divorcenet.com/topics/the-best-interests-child, http://thelawdictionary.org/article/how-to-get-emergency-custody-of-children/, http://www.nccourts.org/Citizens/CPrograms/Child/, http://family.findlaw.com/child-custody/child-custody-mediation-faq.html, http://www.divorcenet.com/resources/divorce/divorce-and-children/child-custody-evaluations-during-di, http://www.ksfamilylaw.com/FAQS/guardial_ad_litem_gal/, http://www.nrcpfc.org/fostering_connections/state_gap/TN_Comparison_Chart_Adoption_and_Guardianship.pdf, http://www.nolo.com/legal-encyclopedia/stepparent-adoptions-29643.html, http://johnkgrubb.com/newsletters/obtaining-child-custody-if-you-are-not-a-biological-parent, http://www.lawhelpmn.org/files/1765CC5E-1EC9-4FC4-65EC-957272D8A04E/attachments/1F9ED560-F5C1-484D-8909-C20090BC9C37/f-10-termination-of-parental-rights.pdf, https://www.rosen.com/childcustody/carticles/custody-issues-grandparents-and-non-parents/, http://www.211ct.org/InformationLibrary/Documents/Custodial%20Grandparents%20pt.asp, http://www.sb-court.org/Divisions/Probate/Guardianship.aspx, http://www.legalmatch.com/law-library/article/relocation-and-child-custody.html, consider supporting our work with a contribution to wikiHow. In general, if the child has been abandoned, denied necessary care or has been abused, these can be considered as signs of parental unfitness. For example, if the child is happy and stable living with the custodial parent and his/her new spouse, it may be easier to persuade the non-custodial parent to surrender his or her rights. Child custody is one of the most heavily contested decisions in divorce proceedings. If you have a law school in your area, contact the school to see if it runs a legal clinic and/or offers family justice services. If a child has particular medical or mental health needs, the court may determine which parent is most able to provide for those needs. During the evaluation, the evaluator will interview the child, the parents and other relevant persons (teachers, doctors, etc.). However, even if the parent doesn't have adequate employment, most judges won't see that as a reason to deny him/her custody or at least visitation rights. They will tell you what your rights are, and may file a suit to get your child back to you. Abuse. Will a past record from 15 years ago prevent me from caring for a child? "Have you ever handled matters like mine before?" You must answer in appropriate detail. Parents who are facing a custody battle should consider each of the factors mentioned above prior to appearing in court. How do I get sole custody of my child? You may also be able to hire a private evaluator, but keep in mind that this will be significantly more expensive. Police reports that indicate violent or aggressive behavior on the part of the other parent. LWA/Dann Tardif/Blend Images/Getty Images. In situations where one parent has sole physical custody of a child, the court may award visitation rights to the other parent. X This article was co-authored by Clinton M. Sandvick, JD, PhD. Courtroom outbursts will be held against you. 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