How do I go about obtaining custody of my child or at least visitation rights?

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How do I go about obtaining custody of my child or at least visitation rights?

Asked on November 29, 2012 under Family Law, Georgia

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You start by filing a custody suit.  If you are married to the other parent, you can combine a custody suit with a divorce petition.  In the custody suit, you can ask for alternative relief.  Based on your question, you would ask for full custody of your child, and then alternatively, for regular, court-ordered, periods of visitation.

If you are going to ask for custody, make sure that you have a parenting plan lined up before you file the suit.  For example, if you live in a one bedroom apartment without a separate bed for the child, you may want to look for a two bedroom apartment with separate bedding furniture for the child before you file.  Research schools and other extracurricular activities for your child.  With a little advance planning, you can show the court that you really are intersted in being the primary conservator of the child... which will improve your chances of either getting full custody or greater periods of access to your child. 

You can file the motion on your own.  Many companies now offer online form systems.  However, if you really want to make sure the paperwork is correctly completed and filed appropriately, consider hiring a family law attorney to help you. 


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