How to Petition for Child Custody

Child custody is one of the most complex and challenging aspects of family law, so it is a good idea for you to hire a specialist lawyer to help guide you through the long process of petitioning for custody of a child, to ensure that you have completely understand all of the procedures and applicable laws associated with this process properly.

Here is just a quick overview of the procedures you need to follow when you petition for child custody:

• If custody has not yet been established following a paternity or divorce case then you will need to approach the court and request a standard motion form, which you can then use to submit a motion to establish custody of the child. If custody has already been granted then you need to prepare a motion to change custody. It is important to record on this form all of the reasons why you would be the most suitable parent/guardian for the child and key points to mention will be why it is the best interests of the child to be established in your custody (permanent job, steady home life etc) and also if you have historically been the primary care giver of the child.
• If you are challenging an existing custody arrangement then you will need to provide evidence of a 'material change of circumstance' that would overrule any previous decisions made by the court for custody, such as if the custodial parent has been denying access and visitation rights to the child, or if there is any evidence of neglect or abuse.
• You must file the motion with the clerk of the court and arrange for a copy of the motion to be sent to the other parent/guardian concerned. Once you have been provided with details of the date and time of the hearing of your motion you will need to check whether the court is sending out notifications. If not then you will also need to provide this information to the other parent/guardian, (typically this action will be carried out by the lawyer representing you) and failure to do so could affect your case.