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

UPDATED: Nov 29, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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

Asked on November 29, 2012 under Family Law, Georgia


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

Answered 10 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. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption