QUESTION
How can I gain full custody of my son?
Asked on Dec 08th, 2011 on Child Custody - Tennessee
More details to this question:
I want to have full custody of my son. The mother will not allow me to keep him. I have bought things for the boy to show responsibility. We argue every time I ask if I can I can see him.
16 ANSWERS
Immigration Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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Whether or not you are able to gain primary custody depends on a variety of factors, such as whether there is already a court order determining custody. If there is no court order, then you are presumed to share joint custody of your child. If the mother will not allow you to spend time with your child then you can seek a court order and the court will issue a custody order based on the best interests of the child. Some factors that the court will consider when determining the best interests of the child are provided under Nevada Revised Statute NRS 125.480.
Answered on Dec 19th, 2011 at 6:53 PM
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You need to file an Order to Show Cause to establish a better visitation schedule that you can enforce. It will be up to the Judge to determine what schedule is in the child's best interest.
Answered on Dec 15th, 2011 at 8:18 PM
Trying to take you son away from his mother is probably not a great way to start. Are you paying child support? Do you have a set parenting plan? Are you always on time? Work on your relationship with mom and your relationship with your son will benefit.
Answered on Dec 15th, 2011 at 11:39 AM
If you were married & divorced, you may file a modification of the final order alleging a change in custody would be in the child's best interest. If never married but adjudicated the father, you may file for visitation and/or custody through the family court. If not adjudicated by DNA and a court order, then you will have to establish paternity first.
Answered on Dec 15th, 2011 at 9:34 AM
Glen Edward Ashman
Step one: pay child support (buying stuff is NOT child support). Step two: get a lawyer.
Answered on Dec 15th, 2011 at 9:32 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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To obtain parenting rights, you have to file for them in juvenile court. Otherwise, the mother has full custody and may determine whether or not you see your son, if you and she were never married.
Answered on Dec 15th, 2011 at 9:20 AM
The court enters orders regarding custody/parenting time based on the child's best interests as determined by evaluating a specific list of statutory factors. I recommend you speak with an attorney regarding your situation to discuss your options and determine your best course of action.
Answered on Dec 15th, 2011 at 8:40 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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It is unlikely that you can ever gain whatever you believe "full custody" means because a child needs two parents. If you and the mother cannot agree on a plan that accomplishes that goal, you need to obtain a court ordered parenting plan that spells out exactly when each of you will have physical care and control of the child. Courts make those decisions based on what is in the best interests of the child - not just what a parent wants.
Answered on Dec 15th, 2011 at 8:25 AM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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The only way to obtain custody or just an assurance of scheduled residential time is to obtain a court order.
Answered on Dec 14th, 2011 at 11:59 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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You need to file a paternity action in order to establish your rights as the biological father of the child.
Answered on Dec 14th, 2011 at 11:57 PM
You need to contact an attorney immediately to discuss your relationship with your child. An attorney will be able to discuss what options for visitation/custody are available to you.
Answered on Dec 14th, 2011 at 11:51 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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You have to go to court.
Answered on Dec 14th, 2011 at 10:33 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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File a motion with the court to get primary placement or at minimum a set visitation schedule.
Answered on Dec 14th, 2011 at 10:08 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Assuming you are not married, the only way you can acquire rights to see your son is by motion to the local Court of Common Pleas. You are entitled to a regular visitation schedule, ordered by the court. However, usually when a father asks for visitation the mother asks for child support. That is a separate hearing, but she is likely entitled to that.
Answered on Dec 14th, 2011 at 10:04 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Custody is different than timeshare. If you don't have an order for custody and visitation, you will need to file a motion with the court. If you have no court case open yet, you will need to open one first.
Answered on Dec 14th, 2011 at 10:00 PM
Criminal Defense Attorney serving Memphis, TN
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Ruchee J. Patel, Attorney at Law
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You can file a petition for visitation with the court and ask for joint custody.
Answered on Dec 14th, 2011 at 9:06 PM