Disclaimer: About The Children is not a law firm and is prohibited from practicing law, offering legal advice or opinions, or making any recommendation about your legal rights or possible strategies. The following description is for informational purposes only and is derived from a multitude of resources that are generally available to the public at no charge. It is not intended to offer any explanation or recommendation. Whether or not this information may be applicable to you is something you must decide, either on your own, or in consultation with a lawyer. Nothing on this page should be considered a substitute for competent legal advice.
How To Get Your Child Custody Rights
Dads and moms who have dealt with a controlling ex know how GREAT it would be to get custody of your child or children.
Pulling them out of an abusive situation, domestic violence, the parent does not care about what the child is doing with their life. Or just uses them as a tool to get money from the other parent!
All these things are very real and happen everyday! – HOW, as a parent, can you stop this!? Maybe sound too close to home?
To get joint or full custody of your child or children, you MUST prove the other parent to be unfit. “Here Say” does not hold up in court, you have to have hard proof.
Unfit Documented Proof
In most situations a judge will not grant complete custody over to one parent. If there has been documented domestic violence by police reports, confirmed unhealthy living conditions or environments by a professional, or other documented mental or physical abuse by a physician or psychologist, it is pretty difficult to get Sole or Full Physical Custody of your child. Simply stating that you heard drugs were going in and out of the home your children are living in, is not proof.
How far do you live from your children?
Another factor that comes into play is the distance you live away from you child or children. If you are in California and your children live with the mom in New York, it is a hard sell to make to the judge to uproot the children into a completely new community away from their mother. However, living within 50 miles or at least half an hour away from your kids, in most cases, allows you a lot more flexibility to receive more time with your children. Try to move closer to your children if you currently live more than an hour away from them.
How old are your children?
The ages of the children is yet another important element in the deciding factors of who gets custody. Typically if your children are within the ages of a new born to a few years of age, most judges want the children to maintain residency with their mother. Under rare circumstances of significant evidence confirming the mother is found unfit, custody can revert to the father – but this very uncommon.
Mostly, children from the ages of 3 and up can be requested to live with the father full-time as long as the children have lived with the father for at least 6 months.
Everyone works now a days. Most of the time both parents work to make ends meet and to provide for their children. If you work a normal daytime schedule, it will be easier to get more time with your children. Sporadic or inconsistent work times can interfere with having a set custody half time schedule. If you fall in this category, it is suggested that you try to find more consistent hours.
A place for your children in your home
You want to make sure that you have all the accommodations necessary for your children. Make sure they have their own room, plenty of space to sleep, study, and play. Your place should have all the normal standards of living in order: electricity, running water, clean bathroom, heating and air ventilation. Make your home a fun place to be! Your children should love coming and cant wait for their days with you.
These are just some of the main variables judges or appointed court officials use in determining child custody arrangements between parents.
If you haven’t already been in communication with one of our parent advocates, please contact us now so that we can hear the details about your child and the family court situation your are in. Click here or call the number at the top.
Please also read on to the many other articles available to you on our blog. We are a resource to you and support you as best we can while you are going through this situation with your children.