Do you have kids and in the process of getting a divorce?  If so, you might be wondering, “how do I apply for custody of my children?”  In order to start a custody case, the first thing you’ll need to do is file a custody complaint and application with the appropriate court.  This usually will be the child’s home state as pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, but the precise timing and requirements for child custody will differ depending on your local and state laws. Be sure to research the requirements thoroughly before applying for custody.

The next step is to prepare a petition for custody that specifies the type of custody you want. There are two different types of custody: joint/shared custody in which both parents make major decisions and sole custody in which only one parent has the decision making. Lastly, you can also apply for visitation, which means that the non-custodial parents still has the right to see the child for a certain amount of time. At some point, you’ll also be asked to fill out a financial affidavit that details your income and monthly expenses so that the court may assign child support payments if necessary.

The courts will then assign a hearing date during which you and the other parent will have an opportunity to bring forward evidence showing that you have the best interests for the child. At that point, the court may choose to reassign custody or change visitation rights. The most important thing to remember is that the courts will always make a decision based on what the judge believes to be in the best interest for the child, weighing factors such as special needs, education performance, and the child’s physical and emotional state.

While it’s possible to apply for custody of your child(ren) without a lawyer, child custody proceedings may get quite complicated so it’s highly recommended that you speak with a lawyer about how to proceed legally.  TalkLocal can help you find a high-quality lawyer to improve your chances of gaining custody of your child as soon as possible!

This entry was updated on Wednesday, June 3rd, 2015 at 10:08 am. This entry was originally posted on Friday, July 20th, 2012 at 2:00 pm and is filed under Lawyers - Family. You can follow any responses to this entry through the RSS 2.0 feed. You can skip to the end and leave a response. Pinging is currently not allowed.