How to file to get custody of a child
How can I get full custody of my child?
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how can i get
full custody of my child hi i'm bill
farias
founder of farias family law we had an
individual a couple of years ago
contact us in a panic he has a little
girl
at the time she was eight and she was
staying primarily with the mother
and our client was seeing his little
girl a couple of times a week
the problem was that the living
environment
with the mother was deteriorating
so the little girl was not being
properly cared for she was
missing school when she went to school
she was dirty
sleepy the mother unfortunately
had been abusing substances her housing
was unstable
and so this guy was in a panic and he
contacted us
and we got him on the right track and he
eventually
got custody of his daughter so how do
you get full custody of
a child the court looks at a number of
factors in determining
a custody arrangement that's appropriate
the over
arching principle is best interest of
the child so that is the standard
the court looks at a number of factors
to figure out what's in the best
interest of the child some of those
factors
are what has the parenting arrangement
been
which parent is the child more bonded to
does he the parent suffer from mental
illness and or substance abuse
is that being treated what are the
parties
work schedules do they have a history
of abuse or neglect and a number of
other factors
so the court puts that all of that
together and tries to figure out the
arrangement
that is best for the child as far as
how to go about actually technically
getting custody of the child if the
parties are not married the mother
has an advantage in the sense that the
mother is presumed
to have custody of the child
if the father if an unmarried father
wants custody of a child that father has
to file a complaint for paternity or
a complaint for custody support and
parenting time depending on
whether he is on the birth certificate
so if he's not on the birth certificate
then he has to file a complaint for
paternity if he is on the birth
certificate it's a complaint for custody
support and parenting time
if the parties are divorced
or in the process of divorcing then that
has to be
figured out through the divorce
so one issue
that comes up often is that
people will come to a private agreement
people are splitting up they come to an
agreement on how to break down the
parenting time
and then a significant amount of time
goes by
and they want to change that and the
problem is that
if you create a precedent then
the court will consider that precedent
in deciding parenting time so the way
this commonly plays out
is people are splitting up a party will
come to an agreement on some parenting
time not happy with it but just
wants to see the kids and just lets that
sit for a period of time so let's just
say
it's a father and he's seeing his kids
just once a week
if that goes on for a big stretch of
time
it then becomes more difficult for the
father to
go into court to get a significant chunk
of parenting time
so the bottom line is do not come to an
agreement
on a parenting arrangement without first
talking to
a reliable divorce attorney and
being fairly certain that
that agreement is going to put you in a
good position
long term so how do you get full custody
you have to file properly the court
tries to do what's in the best interest
of the child
and you have to be careful about making
agreements
that are going to serve as a precedent
and may end up hurting you later
so i would suggest talking to a reliable
attorney first
before nailing down those terms and
going into a schedule if you have any
other questions about this you can
call us at 508-675-0464
you can email us at info
ferriesfamilylaw.com
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ferris family law thank you have a good
day
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