What can I do to get child custody?

Child custody cases can be demanding if you and your spouse cannot agree on custodial rights. You may already be dealing with a divorce and now you have to figure out child support payments and how to possibly battle your spouse for full custody of your children. If you are not sure how to go about this, it is a good idea to hire a divorce attorney who can give you legal help and a better understanding of what your parental rights are in your divorce case and possibly be able to help you get what you want for your children.

Settling custody rights without going to court

If you are having a disagreement with your spouse, there may be a way for you to settle your custody issues without the help of the courts. One way to do this is through informal settlement negotiations with the aid of a divorce attorney.

Another option is to go for mediation or arbitration which helps with resolution proceedings in a divorce case. With these decisions, a judge will usually be essential in approving the final agreement.

Disagreements may lead to family court

If a couple can’t come to an agreement on child custody, then the case will most likely move to family court. Divorce laws are different from state to state, so hiring a divorce lawyer in your area may be a good idea as he or she may have the knowledge to guide you through the court system.

How courts may grant custody decisions

In general, the court makes child custody decisions based on the best interests of the child. The criteria are usually centered on the mental, emotional and physical stability of the parents, education of the child, religious beliefs and the age and gender of the child.

The court may also factor in what the child actually wants. If the child is older than 18, than most likely he or she can choose where to live, but even children younger than this age may give their opinion to the court.

Modification of custody agreement

In some cases, circumstances may change after child custody issues are decided and these cases may be brought back to court for modification. It is important to obtain a divorce attorney who can walk you through this process either way and give you the chance to fight for your parental rights.

Father’s rights to his children

How can a father get full sole custody of his child? In some cases, showing that the other spouse is unfit as a parent could result in his or her loss of parental rights. It is suggested that father’s rights are generally harder to obtain, but this may not be true for all cases. What are the chances of a father getting custody?

The answer depends on whether custody was ever formally determined by a court order. If custody has not bee previously determined, 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. Once custody has been determined, it can be changed by showing the child is endangered in the current custodial environment.

This answer pertains to individuals in the state of Minnesota.

Answered by:
Maury Beaulier

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