Getting sole custody: How do I petition for sole custody in family court?

The fight for custodial rights of your child can be difficult and often stressful for both parties. When spouses are going through a divorce, sometimes the legal and physical custody of a child creates another barrier to break through before the divorce is finalized.

How are child custody rights granted?

The child custody rights are generally awarded based on the best interests of a child and are normally granted from a family court judge. In some cases, there tends to a bias toward giving the mothers more custodial rights than the fathers. However, this belief may not hold true in your case and it might be important to be as prepared as you can before the custody battle no matter what your parental rights are at the moment.

Organizing Custodial Agreements

To begin, it might be a good idea to organize the events leading up to the custody disagreement. These records may include phone calls, visitation times, emails and other direct interactions with the children.

Understanding legal parental and custodial rights in your state

It may be a good idea to also have a good understanding of the legal issues and concerns associated with parental rights and custodial matters. Sometimes talking to other family members or friends that can share their personal experiences with you may give you a better picture of what comes next.

Getting legal divorce paperwork

Your local family court division may have the necessary paperwork for you to fill out about your custody battle and divorce needs. You may start the process by submitting a petition to this family court and might even be able to process the information online. It is probably best to be concise and very clear when setting up your proposal and reasons for sole custody of your child. There may also be an associated fee with your paperwork.

You can also go through a process called mediation if you do not want to go through the family courts. In these cases, generally, a third party is involved in helping to make decisions for the child custody arrangements and offering useful law advice. This method can be beneficial to both spouses if they can easily agree on custodial decisions without the family court environment. If an agreement is reached via mediation and the decision is approved by a family court judge, then the custodial rights can be granted and may be binding to the parties involved.

Getting a divorce lawyer

You may find that hiring a divorce attorney could be useful in your case. Divorce lawyers may also offer a free consultation that helps answer any of your questions and may possibly give you divorce attorney advice about the state laws and how your case might hold up in court. Legal counsel can also assess the necessary child custody laws that could grant you the rights you want.

Child custody: Age restrictions

Is it possible to get sole custody of a child with a young mother? In some cases, parents have a child at a young age without a stable home. In other scenarios, you and your spouse may have the necessary means to raise a child. If the child’s mom lives with her family, is it possible to get sole legal custody?

The age of the mother is irrelevant. Courts make custody determinations based on what the court believes is in the child’s best interests. In most cases, the court will award primary physical custody to one parent while the other will have a parenting schedule. The court will consider any relevant facts in making a custody determination including 13 specific factors outlined in Minnesota Statutes. Your case should be carefully framed to address each of the relevant statutory factors to be effective. You should consult with legal counsel.

This answer pertains to individuals in the state of Minnesota.

Answered by:
Maury Beaulier

Location: Minneapolis, Minnesota
Phone: (866) 865-7833