How to Apply for Custody or Visitation of My Children

Overview
As a parent involved in a divorce, legal separation or similar type of family law proceeding, RIFT Platinum you possess the right to seek custody or visitation of your children, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember. Despite some variations in family law statutes from state to state, the general provisions governing applying for child custody or visitation largely are the same no matter where you live in the United States

Step 1
Decide whether you desire to seek custody of your children or visitation. By seeking custody, you put yourself in the position of providing a primary residence for your children.

Step 2
Go to the clerk of the court and obtain an appropriate motion form--motion for child custody or motion for child visitation. rift gold Keep in mind that the typical court clerk maintains a selection of standard forms made available to people who do not hire lawyers.

Ask a Lawyer Online Now 12 Lawyers Are Online! Current Wait Time: 14 Minutes. Law.JustAnswer.com
Sponsored Links
Step 3
Complete the motion form, setting forth the specific reasons and associated facts why you believe the court should award you custody or visitation. RIFT Platinum All spaces on the form need to be completed. The form includes requests for basic information about you and your spouse, including your current addresses. You provide information about your children, including their names and dates of birth.

Step 4
Insert a statement that awarding you custody or visitation serves the best interests of your children. Rift Gold All courts in the United States base custody and visitation decisions on what a judge believes is in the best interests of the children.

Step 5
Sign the motion. Some states require signature in front of a notary public. TERA GoldThe American Bar Association provides state-by-state resources on family law related requirements of all types.

Step 6
Deliver or mail a copy of the motion to the other parent.

Step 7
Return to the clerk of the court and file your motion, completing the application for custody or visitation process.