Many parents pursue sole custody when the other parent is unfit or incapable of physical or legal custody. It is a common solution when a parent is neglectful or abusive. However, sole custody can be tricky to obtain, even in straightforward cases. You and your legal document preparer must file the correct papers.
What Is Sole Custody?
Sole custody is when one parent has exclusive rights concerning the child. It normally involves both legal and physical custody of the child.
Legal custody governs which parent makes decisions regarding a child’s education, welfare, medical care and development. Physical custody dictates where the child resides and which parent supervises them. Sole custody grants visitation rights to the other parent but no decision-making or residential power.
The court determines sole custody based on whether the arrangement works in the child’s best interests. You may also have to prove that you and the other parent are unable to co-parent due to extenuating circumstances (usually domestic violence, jail sentences, or drug or alcohol addiction).
Filing for Sole Custody
You can file for sole custody with an attorney, legal document preparer, or on your own. Here are the needed steps to do so:
- File primary proceeding: Sole custody petitions arise from a divorce filing (if parents are married) or a paternity case. If you haven’t already done so, you must file one of these actions first. Once done, you will file the custody petition under that case number.
- Find forms: You need the forms so you can prepare documentation and information. Most states provide custody forms online, or you can visit your county courthouse.
- Fill out forms: Complete the forms or provide them to a document preparer for completion.
- Prepare documentation: You must prove the need for sole custody. Documentation may include police reports, positive drug tests, medical records showing abuse injuries, and journals regarding important events.
- File the forms: Custody cases are handled at the state court level. You will usually file these documents at your county courthouse. However, check your state’s court site to see if your county offers specialized courts for family law. You may need to file with them.
- Serve the other party: You must provide the custody petition and any documents attached to it to the other parent. Many people do this themselves, but if your safety is at risk, consider hiring a process server or enlisting the county sheriff.
Once served, the other parent usually has 20 to 30 days to respond to your petition. You must file a default judgment granting sole custody if they fail to respond. If the other parent answers, you will likely attend a hearing where a judge hears evidence about why you request sole custody.
How a Legal Document Preparer Can Help
A legal document preparer at First Class Signing Service can finish your documents efficiently — sometimes in less than 72 hours — as well as notarize affidavits and other documents that require notarization for court acceptance. Contact First Class Signing Service today to start your custody matter.
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