Getting Child Custody Rights
Child custody is the legal right to make decisions for your children. This includes decisions about their health, education, religion and even their friends. The parent who has this right is called the custodial parent. The parent who does not have this right is called the noncustodial parent.
Why do parents fight over child custody?
In many cases, parents will fight over child custody because they want different things for their children. For example, one parent may want the child to attend private school, while another parent wants the child to attend public school. Or one parent may want the child in day care, while another parent wants the children home with them all day. If you are a parent, you may want to think about what you want for your children, and why you want that, before you begin fighting over child custody.
How can I get my child custody rights?
You may be able to get child custody by going to court. In some states, you may be able to get child support from your ex as well. You may also be able to get child custody through mediation. Mediation is a way for you and your ex to talk with each other and come up with an agreement that both of you can live with. Mediation is usually cheaper than going to court.
How can I avoid having to go to court?
If you have a good relationship with your ex, you may be able to work out an agreement with your ex without having to go to court. You can try to work out an agreement with the help of a lawyer or mediator.
What happens if I don’t get my child custody rights? What happens if I lose?
If you don’t get your child custody rights, your ex may still have the right to visit your child. Your child’s health and safety may be at risk if you don’t get your child’s custody rights.
How long will it take to get child custody?
It can take several months to get child custody. You may have to wait for a hearing in court. It may take several days to weeks to get a judge’s decision.
Can I get child custody if I am only living with my child part time?
Yes, you may be able to have child custody if you are only living with your child part time. If you are only living with your children part time, you may be able to file a motion to change child custody to your name.
Is there a chance that I will lose child custody?
If you are not careful, you may lose child custody. There are many things that can happen during a divorce that could affect your ability to get your child custody. These include:
• If your ex is abusive to you or your child, he or she may not be allowed to see your child.
• If your ex is involved with drugs, alcohol or gangs, he or she may not see your child.
• A court may award child custody to someone else if you are unable to care for your child.
• If you have a criminal record, the court may not allow you to have child custody.
If you are a parent, you should think about what you want for yourself and your children. You may want to consider mediation if you are trying to work out an agreement with someone else.