Filing for custody of your child really isn’t very difficult, but it is time consuming, and preparing for your case should take precedent. In order to win your case, you will have to convince a family court judge that you are the best parent to raise your child. While this doesn’t necessarily mean that you’ll have to prove the other parent is abusive or neglectful, you will have to demonstrate the positive aspects of raising the child in your home.
File for Custody of Your Child: Hire an Attorney
I can’t stress this enough: you need an attorney. You can’t possibly familiarize yourself with every aspect of family law, and if you fail to hire an attorney, you could be cheating yourself out of winning your case. This doesn’t mean you have to hire an attorney to represent you or to file the proper paperwork, but you should at least purchase a few hours of an experienced attorney’s time to explain the factors that might help (or hurt) your case. This is referred to as a consultation, and will be much less expensive than hiring an attorney to do it all for you.
File for Custody of Your Child: Familiarize Yourself with Your State’s Laws
Custody laws are different in every state, so I can’t give you an specific advice. However, you can find books, e-books and articles about the laws in your state, or you can refer to the laws themselves. Keep in mind that laws are written in legal jargon that you might not understand, so a layman’s’ reference might be more helpful. Try Nolo.com or SourceBooks.com for helpful references depending on state.
File for Custody of Your Child: Make Your Time Commitments
Once you have filed the necessary paperwork, you will be given a court date. Your child’s other parent will also be subpoenaed to appear, so make sure you’re on time. Bring with you any necessary evidence, forms or items that the court requires and be prepared to present your case in a logical, un-emotional manner. The courts frown on displays of emotion and are much more receptive to methodical arguments.
File for Custody of Your Child: Ask When You Don’t Know
Never make assumptions about the law; it can come back to haunt you later. If you run across a statute or law that you don’t understand, ask a court official or attorney for an explanation. If this bothers you, it will be necessary to hire an attorney to represent you; otherwise, you’ll just bury yourself. Try not to think about what your child’s other parent is thinking, and concentrate only on your goal, which is to obtain custody of your child or children.
File for Custody of Your Child: Bring Cash, a Debit Card or a Credit Card
Most states require a nominal fee when filing a petition for custody, but most courts do not accept personal checks as a form of payment. To avoid prolonging your case or having it thrown out altogether, make sure that you go to court with cash or a credit or debit card. If you don’t have the fee, the court clerks will not be able to process your paperwork. If you don’t know how much you’ll need, simply visit the court’s website or given them a call and ask. They’ll appreciate your preparedness.
