How Do I Get Custody of My Child? 

If you are considering filing for custody, there are a few steps to take in order to win the case. The first step is to hire a lawyer. A lawyer will be able to show the court that you are the better parent for the child. You should consider bringing along witnesses if you want to prove that you are the best choice. Even if the child is not yours, you have the right to be involved in their life.

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Legal parents have equal rights to a child if there is no custody order 

If there is no custody order, the legal parents have equal rights to their children. They can make decisions for the child and can take physical custody of the child at any time. This is the case until a custody order is issued by the court. There are different types of custody: joint legal custody and sole physical custody. Joint legal custody is when both parents have equal rights to the child while sole physical custody is when one parent has full legal and physical custody. 

Non-parents have the right to custody 

When a parent loses the right to raise a child, a non-parent may file for custody. If the non-parent signs a binding custody agreement, they have the right to take the child into their custody. However, non-parents must prove that the natural parent is unfit to raise the child and that taking the child into their care would be in the child’s best interests. They may also need to show that they have acted as a de facto parent for the child. 

Filing for custody 

The process of filing for custody of a child begins by determining if the matter is contested or uncontested. A contested case is one in which the parents are not in agreement about the child’s custody. In a non-contested case, however, both parties are in agreement. A process called service of process is required to serve the other party with the complaint. This proof is important to show the court that the other parent received the complaint. 

Getting a lawyer to file for custody 

If you’re facing a divorce and are wondering how to file for custody of your child, you should contact a family law attorney. An attorney will make sure that all the facts are correct and that the child’s best interests are protected. He or she can also help you get a written decision and enforce it. A good lawyer can help you avoid many of the pitfalls of the divorce process, and can help you get the custody of your child that you deserve. 

Modifying a custody order 

There are many reasons why you might consider modifying a custody order to get custody of your child. For example, if your lifestyle threatens to harm your child or if you no longer have the time to spend with them, you may want to change your visitation schedule. Another reason is if one of you is incarcerated or is otherwise incapacitated. Similarly, if your ex spouse is being held in contempt of court, you may need to modify the custody agreement. Lastly, if one parent dies, the other parent may be unable to care for the child, or they may want to change the visitation schedule to meet the needs of their child. 

Finding a guardian ad litem 

It is not uncommon for parents to be angry at the Guardian ad litem assigned to their case. However, the role of a GAL is not to be taken lightly. A GAL’s role is to represent the interests of the child, not their own. In some cases, the GAL may be supportive of the parent’s parenting time.