Child Custody: Filing for the sole custody of your kids
December 7th, 2011 by Jonas | Filed under Child Custody.
Going through divorce or separation can be very tough for anyone. The picture is even made more complicated when a couple has kids. Whether you are married or not, each of the parents has full rights to his or her kids until a court rules that one parent deserves to enjoy more rights to the kids.
How do you get sole custody to your children? Here are some of the steps that you need to go thru:
File a petition in court
If you want to establish sole custody with your kids, you need to start by filing a formal petition for sole custody in court. This process will put forward your claim that you are the better parent and enumerating the reasons why you should deserve sole custody of the kids.
You also have to file for Temporary Sole Custody which will give you immediate custody of the children while the merits of your application for sole custody are being evaluated by the court. Having a temporary order for sole custody will bar the co-parent from taking the child without your consent.
Hearings
The court will hear both sides and see who deserves sole custody. In case no one files for temporary sole custody, the court will establish that a joint custody can exist but will not allow a co-parent to bring the children out of the state or country without the permission of the other party.
Gaining the sole custody of your kids after a divorce or separation entails a lot of paperwork and legwork. What is important is that you act quickly to protect your kids and yourself.