How Do I Get Custody of My Kids?

Last Updated on April 17, 2024 @ 7:34 pm

One of the most difficult situations to find yourself in is asking the question, how do I get custody of my kids? This may be because you are in the midst of a contested divorce, broke up with a significant other, or discovered something bad about your child’s living situation. No matter what the reason, there are some specific rules you must abide by to make sure that you do not make yourself look bad in the eyes of the court. Obviously, contacting a child custody attorney is of utmost importance, but you should make sure that you don’t damage your chances of success.

Understanding the “Best Interests of the Child” Standard

Family law courts decide child custody cases based on a standard that involves various factors in virtually every single state. Family court judges make their decision on which party should get custody of the children by determining what is in the children’s best interests. This means a number of things, such as:

  • The wishes and feelings of the child, based on their age and maturity;
  • Which parent has been primarily responsible for child rearing responsibilities;
  • The child’s adjustment to his or her home, school, and community;
  • The living arrangements of each parent;
  • The emotional, physical and educational needs of the child (and of each parent);
  • The possible effect on any change in the child’s circumstances;
  • Anything that has harmed or could harm the child now or in the future;
  • How capable each parent is of raising the child;
  • The ability of the parents to co-parent and cooperate regarding he child’s needs;
  • Whether each parent is wiling to foster a close and continuing relationship with the other parent and the child; and
  • Whether there was ever any physical abuse in the past.

These factors are not all inclusive, but they comprise the most important factors to guard against to get the custody of your children.

What Are the Practical Things to Consider Here?

If your child is over the age of 10 years old, a guardian ad litem or counselor may interview the child and provide the court an assessment of what the child’s wishes and needs are based on their own understanding. Because a child may have been living with one parent for a long time individually, courts frequently do not like to change the child’s living situation unless there is a serious reason to do. This is where you must demonstrate that you are capable of raising your child the right way while demonstrating that the other parent is not capable or has made serious mistakes, such as endangering the life or well-being of the child.

How Do These “Best Interests” Factors Work?

The best interests of the child factors are slightly different from state to state but the emphasis on how a few and how they work in a persons case are similar and important to understand. The judge will take the best interest factors and then apply the facts of a persons individual case to those factors to see how it lines up. The judge will make a decision by using that information, testimony of witnesses (primarily the parents involved), and possibly a child representative / guardian ad litem (which is an attorney that represents a minor child). Family law courts look for stability, cooperation, and ensuring your child’s needs are met long-term. One thing that many courts require is life insurance so that if one parent passes away, the other parent has a financial safety net that will make up for loss of childcare, child support, or child rearing assistance. Obtaining a life insurance policy for your kids shows the court that you are thinking ahead even before being ordered to do so.

Applying the Best Interest Factors to Win

The court may do things differently based on a judges preference, but typically an individual will present the judge with why his or her side should win custody. For example: Wife is a full-time salesperson who works 50 hours most weeks and travels out of town for work monthly for 4-5 nights. Husband works at a local supermarket, typically 9:00am – 5:00pm Monday through Friday. This scenario allows Husband to make the case that he is available for his kids more often than Wife because he has a set schedule and doesn’t travel out of town for work. Husband has a much more stable living arrangement because he is home every night and works a normal 40-hour week. This is a factor that would lean heavily in Husbands favor.

Another of example would be: Husband is employed full-time at a car dealership and Wife is a stay at home parent with a part-time job working from home. Wife has been primarily responsible for all drop-offs and pick-ups at school, taking the kids to doctors appointments, and is with the kids for their extracurricular activities after school since Husband can’t always make it on time because of his work hours. In this scenario, Wife has shouldered the bulk of the child-rearing responsibilities which would lean this factor heavily in her favor.

While none of these factors are independently enough to win a case, getting the facts of your case to at least meet in the middle on the majority of them increase your chance at winning custody in a dramatic way. The more positives that match up with your situation, the better.

The Next Step

The first step is always to speak with a child custody attorney that can help you navigate the family court system is essential. At the same time, you need to be getting all your ducks in a row – this means making sure that you are involved in doctor’s appointments, school and sports activities, and that whatever living arrangement you are looking into has a bedroom for each child and is in the same school district. Paying attention and putting your best step forward by preparing for a custody battle is oftentimes the most important step of all to winning custody of your kids.

47 thoughts on “How Do I Get Custody of My Kids?”

  1. I am a father and I have 2 children with an ex girlfriend. Every time I get my children they are filthy and when I get ready to take them back to my ex, she is no where to be found. She takes off with her current boyfriend. I have 2 jobs and I live with my fiance.She helps me with my children ages 2 and 3. I pay their mother child support and buy them things they need when they come over because they don’t seem to have anything. My ex is not stable, she lives with different people, she doesn’t have a job, she has a 1 year old that is not mine and she is pregnant again. So she will have a total of 4 kids, would have been 5 if she had not miscarried one. Every time I get my children for a few days and when I try to take them back their mom disappears. She has also done this when my mother would get the children also. I don’t have my own place, I live with my fiance but my name is not on the lease. I am afraid for my children because she leaves them with anybody.

  2. I have a problem me and baby mom don’t have custody case baby mom went to jail she left child with siblings and mother I’ve tried having the police get him from the family multiple times and still nothing has happened the mother went and filed for guardianship me being the only pettitioner on the court papers and still have yet to give up my child making false accusations against me. This has been going on for a month I don’t know what to do and need legal advice asap please

    1. Law enforcement will not help I’ve been to them several times and one officer even told me that he got to go find some real crime when I do believe child abduction is a big crime

  3. Hi I lived with my daughter till she turned 2 and half years old I babysit her while her mom goes to work but now her mom divorced me and doesn’t let me see my kid daughter she makes good money I don’t we have met in Africa got married there but she us American and my daughter was born here. Can I still get 50/50 custard. Or visitation. It has been two months I haven’t seen my daughter her mom hides her from me.they lives in Washington I’m in Oregon. Can I get some help please what shall I do.

  4. My wife wants a divorce. We have an 8 year old child. My wife was a stay at home until she was five. She went back to work when our daughter started Kindergarten. She makes a six figure salary but it’s only a third of what I make. She is still the one who goes to all school events, takes her to extra curricular activities, the doctor, entertainment, etc. I work long hours and haven’t had time for this. Can I still get full or at least 50-50 custody?

    1. I have a problem me and baby mom don’t have custody case baby mom went to jail she left child with siblings and mother I’ve tried having the police get him from the family multiple times and still nothing has happened the mother went and filed for guardianship me being the only pettitioner on the court papers and still have yet to give up my child making false accusations against me. This has been going on for a month I don’t know what to do and need legal advice

  5. My ex husband and I had 2 children together who are now 3 and 7 months old. He made it clear that he would fight me for sole custody of both children claiming that he can provide for them better than I. We tried for a while to come to a civil agreement in regards to our children, however I’ll admit he does have the upper hand when it comes to money and attorney fees are not an issue for him. He repeatedly threatened me that “if I didn’t give him the kids he would make my life a living hell” those were his exact words. Me being scared, I had just given birth to the second child and without proper representation, or an income and suitable place to live, I didn’t know whst else to do at the time, so I caved in. Essentially I gave him custody not knowing what else to do and feeling helpless in the situation. Yes, he puts a roof over their heads and food on the table for them. He is loving towards them. BUT.. he works 24/7 and spends very little time with them and they are left in the care of his live in girlfriend and her 3 children. I am very concerned about their living environment! My kids rarely see him, and now his place is packed and my 7 month old has to sleep in the floor because the ex gave my sons crib to his girlfriend so her son can sleep in it. There is not adequate room for which all those people live, and my kids are paying the price. My son is often left in the care of his girlfriends 9 year old daughter who manhandles him. My ex had also been using illegal steroids and would leave the pills out on the counter or table and my 3 year old daughter would think it was candy and try to get it. There are 3 adults, and 5 kids total in a small 3 bedroom house and at least one of the adults I know is using drugs! I am deeply, deeply concerned for the welfare of my kids. I am about to start working a full time job 4 days a week, so I’ll have income. I’ll have the resources to care for them. What can I do when I get my situation straightened out? I need some advice!

  6. Can I still get visitation rights cause I’m on disability?the mom constantly calling me harsh names and don’t want me to see my kid

  7. This situation is complicated. My daughter had 3 children but was unmarried to the kids father. The middle child was born with a condition that left her blind and she had seasures she died at age 3/half the other two dad was never around he never paid a dime of child support was hardly ever there and her was never around and neglected his responseablitys as a father mom later died of cancer all this time grandma lived with us at took care of us she was around our whole lives the kids hardly know there father grandma also took care of the middle child all of her little life two years after mom died dad flied paper work in court and was a warrant to arrest grandma stop grandma from filing for custody the childern. Where taken away from grandma my question is
    What can grandma do to try and file for custudy? Also the two kids do not want to be with there father

  8. My ex and I have shared custody of our girls. He went behind my back and added his name to one of our child’s name, now she has two last names can she choose which name she wants to use??

  9. My girls are miserable living at their dad’s. He now runs 3 businesses and is not home very often unless it is to sleep. The girls are acting out and having problems peeing themselves and not doing well in school. I have asked many times for the girls to get counseling and he refuses saying they are fine. They show up in torn up clothes and they look like they don’t get showers very often. I actually had to cut their hair because the knots were so big in their hair. They said they are bored and don’t get to go outside very often since dad sleeps when he get’s off work. Their grades at school are failing and there’s no one at home to help them. We try to help them with home work but they forget to turn it in.
    I want to try and get them to be living here. I have joint with their father, but I feel I would have more time for them and would be able to help them with getting counseling. What are my chances of getting them back after they’ve been with him for 7 years?

    1. Its not too easy to fight for custody, especially when there is a lot of history, like 7 years involved here. However, if the children are not being cared for, you should file for a change of residential custody and ask for the court to appoint a guardian ad litem or child representative to investigate and explore the situation, interview the kids, and view the living arrangements at dads house and your house. If that individual thinks residential custody should change to you, a judge will almost certainly agree. Always remember, a child representative or guardian ad litem is either your best friend or worst enemy – making a bad impression, showing up late to meetings, dressing anything less than business casual, will make you look like you don’t care or respect their position. so file, and ask for one to be appointed and be prepared for a long battle!

  10. My son calls and texts me crying that he wants to be with me.his mom goes to bars and club and has no time for my son.his sisters do drugs around him and sometimes leave him home alone.I work every day.I text my son every day and night to let him know I love and miss him even though he don’t get message. I buy whatever he needs or wants even though it may leave me broke.please I’m asking for help.please help us become as one like we used to.I spend all my time with my son even though I’m tired or when I do have him.please I’m asking to bring us back together. We are stronger together as one.and when I’m not with him I am weak but I keep working for my son.I sit here every night and cry and pray for us.please I am asking to bring a good father and son together. Thank you for .your time…

    1. Thanks for posting again. Keep doing the right thing, and documenting all that you do with a daily journal and keeping receipts of everything you purchase, etc. This will go a long way when the judge asks for proof or in helping you remember what days what happened. Father’s rights attorneys love when dad’s are organized like this as it helps them keep track of the timeline of the events in your child’s life. Learn more about what to do to win your father’s rights case by reading these articles and calling one our affiliated fathers rights attorneys right away! Article 1: https://familylawrights.mystagingwebsite.com/blog/5-ways-to-win-a-fathers-rights-custody-battle/ Article 2: https://familylawrights.mystagingwebsite.com/blog/can-fathers-win-in-a-custody-battle/

  11. Any good attornies that will help me get my son and that will take payments.Plze let me know.my son has need crying for me and his mom is trying to keep my son away from me.Plze. I work every day. My son tells me that he wants to live with me and that he misses me a lot and wants to see me.Plze I need advice. I’m good father.and I spend all my time with my son when I do see him.I give him whatever he needs and want even though it leaves me broke..please I need help…

    1. Getting your father’s rights is not easy, that’s a fact. We hear about stories like yours all the time where a child cries when they have to leave one parent and go to the other, as is happening in your situation. A change of custody is a very big deal, and normally there must be an extremely compelling reason for a judge to do so such as physical or sexual abuse, neglect, or dangerous living conditions of the current custodial parent. There are times where, if you can show very good reasons why your child is better of with you than the mother, such as safer neighborhood, his own bedroom, things like that, a judge may swing custody your way as well, although this is not extremely common. In your situation, if both of you are good parents, but you believe you are better and your child wants to live with you, a judge may at grant you additional visitation or even allow for shared custody meaning your child lives with you 50% of the time and her 50% of the time. This would be a great situation as well. Sometimes the fight shouldn’t be about which parents gets sole custody, but the parents sharing joint custody for the best interests of the child. Fill out or form on our site, and let the attorneys know that you can make installment payments and one of our affiliated attorneys should be able to help. Keep in mind that you will probably need some type of larger sum up front and a regular monthly or weekly payment to get them on board if you can’t afford a big up front retainer. Also, make sure that you are reasonable in your expectations and demands of the mother, because this is a difficult situation and not easy to navigate. Good luck!

  12. BARBARA B.OF SACRAMENTO

    I AM A MOTHER OF THREE BOYS. I LIVED WITH THEIR FATHER FOR 13 YEARS. HE GOT ARRESTED FOR MULTIPLE CHARGES AND BEEN DEPORTED.AFTER THAT I RAISED MY KIDS WITH THE HELP OF MY PARENTS.ME AND THE KIDS MOVED IN TO MY PARENTS HOUSE. ONE DAY MY STEPFATHER WENT TO THE COUNTY AND APPLY BENEFITS FOR THE KIDS WITHOUT MY KNOWLEDGE AND BEEN AWARDED WITH THE CUSTODY OF MY CHILD, AT THAT TIME I WAS LIVING AT HOME WITH MY KIDS IN MY PARENTS HOUSE BUT MY STEPDAD TOLD THE COUNTY THAT I WAS NOT PRESENT.THEY FILED A CHILD SUPPORT FOR MY THREE KIDS AND I FIND THIS OUT BY THE DAY I GOT SERVED WITH THE PAPERS. I CONSULT MY STEPDAD ABOUT IT AND WE END UP INTO BIG ARGUMENTS RESULTING BEING KICKOUT. SINCE THEN I MOVED OUT AND LEFT MY KIDS WITH THEM. THEY’RE ABOUT 14, 11, AND 9 YEARRS OLD AT THAT TIME. I VISIT THEM AND TALK TO THEM . NOW HERES THE SITUATION, MY YOUNGEST ONE GOT IN TROUBLE NUMEROUS TIMES AND THE LAST ONE HAPPEN A MONTH AGO, AND IT INVOLVED MY BROTHER HITTING MY SON AND ASK TO GET OUT OF THE HOUSE AND DONT COME BCK. MY SON IS ONLY 13 YRS OLD. MY PARENTS DID NOT STOP MY BROTHER FROM CHOKING AND HITTING MY SON. AND WHILE MY SON IS GETTING HIS THINGS MY BROTHER TOLD HIM TO HURRY UP AND LEAVE. I WAS NOT THERE AND I FOUND OUT ABOUT IT THE NEXT DAY WHEN MY SON CALLED ME FROM A LADIES CELL PHONE WHO HAPPEN TO HELP MY SON TO LOOK FOR ME. SINCE IM HAVING A HARDSHIP IN LIVING SITUATION COZ IM JUST RENTING A ROOM WITH MY BOYFRIEND THE LADY TOLD ME THAT IF I HAVE A PROBLEM LOOKING A PLACE FOR MY SON HE CAN STAY WITH THEM UNTIL I FOUND A PLACE. I TRIED TO TALK TO MY STEPDAD ABOUT IT BUT THEY REFUSED TO TAKE HIM BACK. NOW SCHOOL IS BACK SOON AND THEY WONT LET ME ENROLLED AND ACCEPT MY SON BCOZ IM NOT THE CUSTUDIAL PERSON. I DONT KNOW WHAT TO DO IN THIS KIND OF SITUATION. DO I HAVE TO FILE FOR THE CUSTODY OF MY ONE CHILD? BUT AT THE SAME TIME IM SCARED BCOZ OF MY LIVING SITUATION AND I DONT HAVE A JOB AT THIS MOMENT. I REALLY NEED ADVICE ON WHATS THE BEST THING TO DO BCOZ IM NOT GONNA LET MY CHILD LIVING WITH SOME STRANGERS EVENTHOUGH THEY HAVE A GOOD HEART AND OFFER SOME HELP. MY SON IS ONLY 13 AND A MINOR I DONT UNDERSTANDMY PARENTS WHY THEY LET THIS HAPPEN AND THEY LET HIM GO AND THE WORST PART IS NOBODY BOTHER TO CALL ME AND LET ME KNOW WHATS GOING ON. PLS. I REALLY REALLY AN ADVICE.

  13. donna hedgepeth

    my son got takeing away from me in 2007 he was staying with is dads sister until last year I was soupuse to get cousted back but at last min is sister gave it to his dad so he wont have to pay child soupped and as soon as he got cousted he drop him off at my door steps that was a year ago I don’t wont the money I just wont my baby is day might I had him a few times in a year but every time he dose get it is not for long now he is trying to take him back I cant go through aouther heart break can you help me please I know my spelling is not that good sorry

  14. My babyfather and I broke up in 2013 of february and my 3 kids lives with him until now its 2015 of April , between those times i spent time with my kids every weekend,now its whenever my kids dad allow my kids to come see me , my ex and i don’t talk at all, so i bought my daughter a phone for her birthday just so we can keep in contact, but she barely calls. I recently had a baby with my 2nd babyfather now she’s 1 month old, and i only seen my 3 kids twice since their sister was born, my 3 kids doesn’t have medical care since living with their father, what can i do to help? Can i file for full custody?

  15. My sons father wants to file full custody, mind you he’s only seen him once since he’s been born my son is 8 months old. And my sons father is not on his birth certificate and does not have an AOP.

  16. Please help me, this is what is happened/going on now. i raised my daughter till she 3 1/2 years old, after that she moved in with her father, because i started having some problems in my life, from the age of 3 1/2 to about 7 i only seen her 2 times, after that (age 7 to age 14) i didnt see her at all or talk to her at all, but now she is 14 years old and i am starting to have a relationship with her again (for the last 3/4 months) i have only gotten to see her once since i started talking to her again because she is living in a different state then me, so my question is what rights do i still have and can i get custody of her NOW or at least 50/50 custody? and what should i do to do this? and is there any chance in me getting to have any visitions rights/custody of her AT ALL? please i need to find this out as soon as possible, because her father just about 2 months ago took her to Mexico and wants her to live there for the next 4 years till she is 18 years old, and she does NOT want to be there, she does NOT speak ANY spanish and she is just very unhappy. please help me? i don’t have money and i don’t know how to go about all this AT ALL.

    1. Nicholas Baker

      Here is some harsh truth – we don’t pull punches here, we tell it like it is. The court will look down on your situation for not having been in your child’s life for the last decade. This will be almost impossible to overcome. As far as getting custody, this would be an extreme longshot, and only if there was something seriously disturbing going on with him, like physical abuse, drug use, etc., as the court will point out that he has been the responsible parent for over 10-years.
      That being said, you should get a child custody attorney immediately in the state where either 1. a court order already exists, or 2. in the zip code where your daughter lives. It may be possible to stop him from removing your daughter from the U.S., but you must act extremely quickly. Contact our team of child custody experts right away!

  17. First off my girlfriend and I are both 20 yrs of age. She lives with her parents and I live with my grandmother. We recently had a son on Jan 16th, 2014 which I was at the birth. Her parents convinced her not to let me sign the birth certificate and she cried because she didn’t want it that way. Also they gave the child their last name. Said I have to earn the right to be on my sons birth certificate. I can only see him when they allow it. He cannot go anywhere with his mom and I. I have filed papers with the State for paternity testing so I can fix this issue. She has to be forced to do this or else her parents won’t allow it. They completely control her life. Won’t allow her to get a drivers license or state id. Recently I witnessed her mom calling her a whore and slut for having a child and being unwed. She is verbally and mentally abused by both parents but she thinks it’s ok because that’s how she grew up. The police have been at their home on several occasions because the father fights with his 17 yr old son (not physically). I also have a police report where her parents showed up at a friends and physically tried forcing their daughter to leave. The parents called the police but they were removed from the property. The parents are very controlling of their daughter and now my son. Majority of my family has not yet seen my son due to not being allowed. I need help on what I should do. I will not abandon my son or girlfriend but i’m lost on what actions to take.

  18. I live in a small town close to Las Vegas Nevada called Logandale, Im not sure how but my parents got full custidy of my 7 year old daughter without me ever even being notifyed that i was losing her. I have raised her to the best of my abilitys. I was never called into cort and one day when she was viseting them they just told me that they had full custidy and that they were keeping her. Ever sins they have had her they have slowly taken away all ways to see her, now the only way i can see my daughter is to have a supervised viset at the park for no more thet 2 hours. i have no money and i am partily disabled and i have no way to get to Vegas to get disability paperwork, even if i did it would take forever to get all the paperwork settled. im not a drug addict and i do have a plase to stay along with the means to feed me and my child. i need help and i feel like im cornered with nothing to do. im scaird that if they notice that im trying to get her back that they will flee to mexico andf i will never get to see my daughter again. All i live and breath for is her and i dont know what i would do without her. Please help me asap. Thank You

    1. There are legal aid clinics that may be able to help. Please try to get a hold of someone here ( http://www.lacsn.org/ ) and make your story, short and sweet. Getting into too many details will turn a legal aid lawyer off. Just tell them matter of factly: 1. What happened, 2. When it happened, 3. Why you think it happened, and 4. What relief you seek. Be honest, the fastest way to get a lawyer to dump your case is by not telling them all the dirty details and concealing the truth. An experienced family law attorney can fight for your rights, but only if they know the truth. Good luck.

  19. Well I have been married for 3 years. I have 2 daughters with my wife and I am going through a divorce. I want to get custody of our children, but I know that this is hard to do. My wife constantly does irresponsible things with my children i.e. accidently lock them in the car and tell me to leave them at home alone( Ages 5 and 1). And she is violent at times. I even had to have her removed from my house by the police. Will these things be taken into consideration when custody is being taken into consideration.

  20. I am a mother with two children ages 11 & 14. I had taken 12 years off from a full time job to raise my children while my then husband can move further in his career. We divorced 2 years ago and had a collaborative divorce. It was a relatively smooth divorce because I was intimidated by him and he would manipulate situations and make me feel guilty. I knew our relationship was unhealthy ad certainly dysfunctional but now that he is taking my children away and exerting a tremendous amount of power and control, I am just without recourse. I have tried practicing a script(may sound silly but whatever keeps me on tract without being turned by his manipulation). Unfortunately, nothing has worked. I just want to help my children who are having emotional anxieties and suicidal thoughts. He neglects to bring them to therapy on a regular schedule and I have been advocating for an evaluation with a psychiatrist. I am told we have to wait for a GAL, but this is now reaching 2 months and I don’t have any help. We have a 50/50 arrangement by our divorce agreement but he is in constant contempt. He is brainwashing my children into thinking I am not a good parent and making things up. He wished to terminate alimony, have full custody, make all of the decisions, have me pay more in child support and for me to pay $500, a month towards their college education. Can someone out there please help me. I need to find a lawyer that is very familiar with emotional, mental and physical abuse. I am feeling so isolated. Thank you.

  21. long story short. I was with the father of my boys from the age 13 to 21. I moved away after giving birth to my youngest son who is now 4 years young. I moved because the father got addicted to drugs lost his job and refused to go to drug rehab . Even tho we lived together from the age 18/21 he was never actively involved with our children. once I moved , He started to go down hill. a years after I moved our oldest was going thru some hard times. the grandparents and I sat down and came to agreement my oldest could live with them if he had good grades and stayed actively involved with sports ! my youngest was diagnosed with Hemophilia. bleeding disorder. The father pays 198 dollars because the STATE makes him. he doesn’t do it by choice. I got served paper work saying he was asking for child support from me for our oldest. what should I do. HE has never supported our children.

  22. While with my sons father he got arrested and raded for drugs he also got arrested for possesing a firearm with felonies. We lived in Illinois so when me and my son moved out we had to move to Alabama with my parents to get back on my feet because dcfs was called and we made the agreement for them not to be together unsupervied until he completed councling but he never did. Since dcfs was involved I lost my CNA certification so that is why I had to move in when my parents until I find another job. But my ex is facing prison time for the gun charge and I am wanting to get custody of my son we were never married but he always threatened me of taking my son away from me if I left him. I don’t want to keep him from seeing his son I just want to make sure my son is protected from anything happening once his father is out of trouble and don’t know how to go about that because of the moving to another state. I’d just like to know what would be my best course of acting in this situation.

    1. Family Law Advice

      If he wants visitation, ask a court to order supervised visitation, either with friends, family, or at a facility that specializes in supervised visitations. Speak to one of our child custody attorneys and get the family law help and advice you deserve right away!

  23. My wife and I have raised our grandson, at our son’s request, since his mother died a week after his birth. We travel and have another home in Panama and need custody rights for when he accompanies us there. This will not be a custody battle, but agreed to by our son. I have been told that uncontested custody is a matter of completing the proper forms and appearing before the judge and no attorney is required. Please advise of the accuracy of this and where I can obtain the appropriate forms, if true.

    Thank you.

    1. familylawrights

      In a situation like this, simply filling out forms online is probably a recipe for disaster. Hiring an attorney and having things completed for temporary removal outside of the country is essential so that, should anything unforeseen happen while in Panama, you can get our grandson the help he needs. This is a serious issue and you should seek the proper help, it won’t be free, but it shouldn’t break the bank either since it is by agreement! But do it right the first time!

  24. Hello I am a lesbian who had sex with a guy who has a kid already and don’t take care of him at all and he Disney want nor do I need his help with my new born child . I want to know what my options are as of having full custody over my child so I can move on

    1. familylawrights

      File a Petition for Temporary and Permanent Custody and have him served immediately. Start getting your life in order, do not leave anything to chance!

  25. I’ve recently been charged with a felony and did not appear in court. my child was taken from my mom by my sister then taken to cps. how do i prove i did not abandon my child, that my mom and i had prior agreements made already? i have a warrant and need to take care of this asap!

    1. familylawrights

      The only way you are going to be able to get out of this jam is by hiring a serious attorney. I wish there was some quick advice to give, but in this type of serious situation, the only thing that will help is a seasoned professional fighting for your rights. Don’t waste any time, at least speak with one of our experts in depth over the phone, call now, its a free consultation!

  26. Hi we’ll my situation is that I’ve as a mother I’ve always tooking care of my children there father was never there. well 3 to 4 yrs ago I had cps on me cause kids said my boyfriend now he was mean to them and he would hit them i dont drink i dont do drugs i always have a roof over my kids heads I did everything I had to do For cps I’ve made some bad decisions in the past but I’ve change my ways so at that time when I had cps me my kids had to go with there dad so there was the opportunity for him to take custody so he got a lawyer in also cps helped him get custody he won in my kids cried they didn’t wanna live there untill this day my kids wanna come home my kids aren’t comfortable there like they are here I’ve tried to talk to the kids dad to get joint custody 50/50 but he’s a Jahova witness so he doesn’t want them missing church that’s why he won’t do joint custody but now I wanna get a lawyer so I can get my kids back how possible is it that ill get full custody back.

    1. familylawrights

      While it is always an uphill battle to get custody away from another parent, it is possible to get significant visitation time with them, possibly up to a 50/50 split! Only one of our expert attorneys can help you with this–contact us right away and we will help in any way we can by starting with a free consultation!

  27. My husband has a little boy who just turned 2. The mother does everything she can to make my husbands life miserable. She will work with him on things then turn around and disagree later saying she didn’t say that. They have a family plan that they go by but it’s the mothers way or no way at all. She use the little boy against his father. When we pick him up the windows in the apartments are open and they live on the second floor. The last couple times we have picked him up the windows have been open and he has been sick.When we pick him up he is more than willing to go with his dad. When the mother picks him up he throws a fit scream and crys and has nothing to do with ther mother. She has to bribe him to put him in the vehicle which does bot work either. This also occurs with other family members of the father where they drop him off and he does not wanna go with the mother. When they went to court the first time the lawyers knew the little boy was never with the mother the grandparents always have him but still gave her custody. He’s a hard working dad who can provide for him and we have our own house with his own bedroom. We was just wondering what would be the best way to get custody? Please help very concerned.!!

    1. Unfortunately, the laws are still leaned heavily towards mothers and father’s rights are not first and foremost as of yet. He is going to have to do all he can to hire an attorney. When one parent has this much problem with the other, the parties need to go to court and get a custody and visitation order entered that lays out the rights and responsibilities of each parent. This is important and makes enforcing violations and bad behavior easy.

  28. i have a 2 year old little boy. me an his dad split up just before he turned one due to him beating my brother over the head with a candle (which he had to get several staples) then chris (my sons dad) ran to another state the next day cause he had a warrant for his arrest.. He was a very abusive man when we was together. he threatened me all the time after we split up i had to go get a restraining order against him.. then i thought i missed him and needed him so i broke the restrainin order and found out i was wrong.. well now he is trying to get custody of my son my son dont know him my son hast been around him since he was 9 months old.. he does have custody of his 2 little girls there mom is on ice really bad.. social services has been called on him several times. while we were together i actually called because he use to beat them poor babys bad.. i need help an advice. i dont want him to get my baby im pretty sure he wont with the record he has.. but please just help me

    thank you

    brittany..

    1. This sounds like an awful situation to be in. I hope you have been working with someone and talking to your family about this so that they can be someone you can turn to for help. If you need to keep this abusive man away from your children, the first step is filing a Petition for Temporary and Permanent Custody of the children with your county court. ?In there, you (your attorney–you need one to win for your kids!) will ask that you be granted sole custody and that he be granted very limited visitation rights, preferably “supervised visitation.” This way, a counselor is always present during his visitation periods, if he gets any at all. Do not wast any time–the custody of your children depend on you acting fast and being smart!

  29. me and my ex broke up after my son turned 2 yrs old now he is 4 yrs old and now my sons dad is keeping me from seeing him and wont take him to the dentist or doctors for his shots i basically took care of all that… for the last few months he has not got his shot taken care of and does not have him in kindergarten he is a very smart and intelligent kid… my son dreams of being with me he cries every time i leave he would throw a fit and would scream at his dad telling him he hates him, after that his dad would turn around and say i would whoop his a**… i need assistance on how to go about this?? please help???

    1. This type of situation is heartbreaking and is something that we unfortunately hear about quite often. Contact us immediately. We need to have someone speak with you that can let you know what to do, your situation is delicate and requires more than a small comment. However, if a parent is not taking care of basic needs of the child, such as yearly shots and doctors appointments, a court can order a change in the arrangement with your son. A petition to modify custody should be filed with your court and should allege the proper statutes and facts.

  30. the kids father takes the kids every other weekend and we are still married because he wants to stay with my twelve year old and i dont want that. i have always had them. he is living with a woman for about two years now and i am living with my kids. My daughter does want to live with him, her reasons are not great. I am unemployed now and i do get child support. i need help with divorce and having my daughter back how can i get help and i have no money for an attorney or lawyer now. i looked up info about getting free help and come up with nothing

    please help

    1. I know attorneys can be expensive, but for a situation such as this, you need to find a way to borrow from friends or family and work out a payment plan with your attorney. This is absolutely important because if you do not come up with minimal amounts of money to start a case, you will miss out on many rights that you may have. For example, an attorney, in many instances, can force your husband to pay for part of your attorneys fees! Of course, it takes work for an attorney to get that for you, so you need to find some money to pay her/him first–it will be worth it. Get the help you need with a free and fast attorney consultation on this site. Good luck!

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