One of the issues that arise during a separation or divorce is child custody. When the courts are ruling on child custody, they will make an order based on the child's best interests. Sometimes a parent who has lost child custody can regain child custody. Here are some steps you should follow to regain child custody.
Determine the Root of the Problem
The first step in seeking child custody is determining what went wrong. Requirements for child custody vary by state. Some reasons parents lose custody include child abandonment, abuse or neglect, losing contact with the child, and drug or alcohol issues.
Before you can regain child custody, you need to prove you have corrected the problems that caused you to lose custody. The court may order you to complete an addiction program or attend parenting classes. In some cases, the house's condition may be the reason for the loss of physical custody. For such situations, you need to repair your home to regain custody.
Request an Evaluation
If you have satisfied the conditions the court ordered, you should request an evaluation. You should also hire a child custody evaluator or psychologist to examine the variables of your case. The report by the evaluator will help the court make a ruling regarding child custody. For example, the evaluator may report you have abstained from alcohol or drugs for a considerable period and you are in good health and capable of caring for your child.
Your child custody lawyer is the best person to help you choose a child custody expert. Your attorney will know which expert will be suited for you based on the facts of your case. Additionally, your lawyer will ensure you have correctly followed the court-mandated orders, and the expert can affirm this to strengthen your case.
File a Request
The process for changing custody varies depending on your jurisdiction. In most states, you are required to file a written request. The request should provide details about why you are asking for custody. If the court finds your request reasonable, the case will go to trial.
Your child custody attorney and child custody expert will present evidence to prove your case during the trial. Remember your ex-spouse will be determined to oppose the request. Therefore, you need to be at your best. Attend all the hearings, pick up and return your kid on time if you are allowed visitation, and follow the conditions of the current custody order.
Contact a family attorney to learn more.Share