6 Ways to Get Child Custody in 2024

In a relationship, the person who has custody of a child possesses legal rights and responsibilities. Basically, there are two types of custody: physical custody and legal custody. The former means the child stays under your roof, while the latter implies having decision-making power over the child. 

This article gives an insight into ways of getting the custody of a child. It will help you to creatively explore the legal parameters to your advantage. Speaking to family law attorney Matt Towson of Towson Law Firm, PLLC, can help you further understand the concept of child custody. 

A Procedural Guide to Winning the Custody of a Child

Discussing how to get custody of a child can be challenging because the process differs across jurisdictions. Your relationship with the child also affects the process. For instance, a grandparent seeking custody of a child will undergo a different process from a father seeking the same.

Below are the typical steps to take:

Affirm Parentage

When a married couple gives birth to a child, the law assumes that you and your spouse are the child’s parents. However, some situations may negate this assumption. 

For instance, you may need to prove you are a child’s father if you gave birth to the baby out of wedlock and your name did not appear on the birth certificate. You must prove that you are indeed the child’s father before demanding their custody. 

You will need to file a petition with the court to establish parentage. The court will order a DNA test to establish the paternity of the child. However, a mother or an adoptive parent does not need a DNA test. 

However, the step is not necessary if you are demanding the custody of a child who you are not their biological parent. In such cases, you must undergo some processes before you can demand custody. 

For instance, if grandparents demand custody because the child’s parents are unfit, the grandparents do not need to prove they are legal parents. However, the court must establish that the actual parents are genuinely unfit. Then, the court will confirm if it is in the child’s best interests to hand over custody to the grandparents. 

Consider the Option of Resolving the Custody Issue Out of Court

Some reach child custody agreements without involving the court. You and the child’s other parent can agree on custody division and draft a parenting plan that will translate to your legal custody agreement. It is a commendable way of avoiding court interference. 

You may liaise with a mediator for a quick resolution. Mediation provides a suitable ground for the parties to compromise and find an acceptable solution to their differences. 

Reaching a custody agreement with your spouse or even with mediation is often more cost-effective than approaching the court. It is also quick and less stressful, sometimes promoting more satisfactory outcomes. 

You can avoid adversarial proceedings by collaborating with your co-parent to handle the custody issue. 

If you are not the child’s parent—perhaps you are the grandparent, uncle, or aunty—you can speak to their parents to sign over their rights for you to gain custody of the child. 

Check to See If You Can Pursue Custody

The child’s parent has a legal right to at least share custody of the kid. However, you can only secure the child’s sole custody if you can prove that the other parent is unfit. Perhaps they have a history of abuse or tendencies to neglect the child. 

A non-parent cannot secure the child’s custody unless with parents’ consent or if the parents are unfit to take care of the child. The court must establish that being in your custody is in the child’s best interests. A non-parent has a higher chance of winning a child’s custody if the parents have abandoned the child or are abusive. 

File Court Papers in the Child’s Jurisdiction

If you need to file court papers, submit the required paperwork in the child’s home state. The home state has the authority to decide the child’s custody issues. 

The child’s home state is where they have lived with a parent or guardian for at least six months before filing for custody. If the kid is not yet six months old, the law permits you to file for custody in the jurisdiction where they have been living since birth. 

However, there are a few exceptions to the home state formula. If establishing the child’s home state is highly challenging, you can institute the suit in a court where you have substantial connections, like where the child is presently schooling or where the child stayed for a significant period. You must prove that there are substantial connections with the area to show the court has the authority to decide the matter. 

Serve the Concerned Party with Papers

You must serve the child’s other parent (or both parents if you are a non-parent) with court papers to inform them about initiating a custody issue. An adult who is not interested in the matter may serve the parent(s) physically. However, some jurisdictions permit service by publication or mail in some contexts. 

The local sheriff or a process server will serve the papers for a fee. 

Argue for Your Preferred Custody Arrangement

The court will hold a hearing after a party has filed a custody case. During the hearing, you must prove to the court that your preferred custody arrangement is in the child’s best interests. 

You can demand both sole and legal custody or partial physical custody, depending on your preferences. Legal custody empowers you to make decisions for the child, while physical custody allows the child to live with you. The three arrangements for physical custody include:

Sole Custody: The child stays with you without visiting the other parent.

Joint Custody: The child shares time with both parents.

Primary Custody: The child stays with you most of the time, but they pay scheduled visits to the other parent. 

You must prove that your preferences are in the child’s best interests because the court uses the “best interests of the child” standard to decide appropriate custody arrangements. 

Several states consider many factors to determine a child’s best interests. Examples include the parent’s ability to offer a safe home and meet the child’s basic needs, the child’s physical and psychological health needs, and the relationship between the child and the parents, siblings, and other family members. 

Final Thoughts

You need an outstanding local family law attorney to help draft a potent case. The lawyer knows how to rightly interpret the law to help you get custody of the child. They will relieve mental stress and heighten your chances of obtaining custody.