Filing for Custody of Your Child

If you are going through a divorce or separation it is never an easy thing to do. If you have children and you need to file for custody the whole process can get much worse. Trying to get custody of your child or children is not easy because the courts are involved and if your partner wants to put up a fight for the children then this process can become very complex. Since custody rules differ from state to state it is best to contact an attorney in that state where you would like to get custody of your child or children.

The first thing that you should do is contact an attorney, you need to do this because the custody process is very complex and requires a lot of legal guidance through it. Don't just look for any attorney look for one who specializes in custody disputes and family law, these attorneys deal with tons of cases similar to yours and can give you the best input and guidance during the custody process. Make sure that the attorney has an updated license to practice if they do not you should begin to look elsewhere for an attorney to help you through this all.

Another thing that you need to is look at your case from the judge's vantage point since the judge will be the one ultimately making the decision in your custody case. The judge will make their decision based on what they feel is best for the child, this means that the judge considers things such as your physical and mental health, your financial situation and the condition of your home, your criminal history and specifically any child abuse allegations. The judge will also consider the amount of contact that you have with the child. If there are things above that you can fix such as your financial situation, the condition of your home you should do so immediately to increase your chances of getting custody of your child. You can't fix your criminal history and the amount of time that you have spent with you child.

The next thing that you need to do is draft the petition. Your attorney will draft the custody petition for you but you must supply your attorney with the information. The next thing that you must do is file the petition. Your petition must be filed with clerk of the court in the proper court. If there is more than one state involved in this process it can become much more difficult than it already is. Since you are dealing with an attorney who specializes in child custody disputes they will know the rules, but there is not much to worry about if you reside in the home state of the child because jurisdiction is usually granted to the court of the child's home state. The home state is the state where has lived for six consecutive months or more.

You will then have to pay a filing fee, the filing fee differs for each clerk court office but the fees are usually between $45-$100. After your petition has been filed, the notice of its filing will be served on the other parent or party. The attorney usually handles this step. Once the other parent has a chance to respond to your petition, both parties will enter into mediation. During mediation most courts mandate that both parties try to resolve the custody dispute between them by compromising.

If the two parties do not reach an agreement while in mediation the case is then taken before a court where evidence and testimony has to be presented about why you believe that the child is better off in your custody. After the judge hears both parties he or she will make a final decision.