A parent's ability to care for their child may be called into question during a custody dispute.When making a custody order, a court will try to make arrangements that are in the best interests of the child, whether those interests would be better served with primary custody being given to the mother or father.The court can remove a child from a parent's custody if they are shown to be unable to care for the child.
Step 1: He or she should be observed for his or her behavior.
It may not be in the child's best interests to remain with that parent if they are a danger or put in dangerous situations.Abuse of drugs or alcohol, violent acts, excessive disciplining, emotional abuse, and past convictions for sexual offenses are examples of that type of behavior.
Step 2: Take a look at the child's environment.
Sometimes a parent will place a child in dangerous circumstances in their home.Consider if the child is properly supervised.Is the parent responsible for the child or not?Is the parent making sure the child is fed, clothed and educated?Is the parent friends with gang members, drug abusers, criminals, or abusive persons?Is the child in contact with them?Does the child have their own space in the home?Does the parent allow dangerous conditions in the house, such as failing to safely store firearms or harmful chemicals?
Step 3: Put together evidence.
If you want to argue that the child should be removed from the parent's custody, you need to show some evidence of their behavior.Pictures, video, and audio files showing injuries, physical abuse, or verbal abuse are some of the evidence that you can gather.
Step 4: Speak with people you know.
The child should be removed from the parent's custody if other people can help.Talk to people you know who have seen the parent harm or threaten the child.Ask the witness if he or she would be willing to testify about their observations in court, then ask if you can get as much detail from him or her.If your witnesses have any additional evidence, such as emails or voicemails from the parent, you should ask them.
Step 5: Your case should be started.
If you want a court to change or end a parent's custody rights, you need to file your case with the court clerk.You can begin your case by contacting the Department of Child Protective Services in your state.The wellbeing of children is protected by your state'sCPS office.Depending on the policies of the office, your local office may be able to investigate and file your case for you.If you want a divorce, file for it.Custody of the child will be a key issue in the dissolution proceedings if you are married to the other parent.Explain why the other parent should be awarded little or no custody in your petition for dissolution.You can file a petition for custody.If you were never married to the child's mother, you can file a petition for custody.You can petition to modify the custody order if you already divorced from the other parent.Ask the court clerk what forms you need to submit in order to make a request.You can use the space on the forms to explain why the other parent's custody rights should be reduced.A petition for a guardian.You can still become the child's legal guardian if you are not one of the parents.You should ask the court clerk what forms you need to submit.The space on the forms can be used to explain why the child should be placed in your care.
Step 6: You have to file your forms.
Make several copies of your forms and take them to the court clerk when you file for divorce.The forms will be "filed" and the clerk will return the copies to you.You might have to pay a filing fee.Once a date has been set for the hearing, you will be notified by mail.You need to file in the county where the child lives.You can apply for a fee waiver if you can't afford the filing fee.The judge will consider whether or not you meet the criteria to waive your fees if you give detailed information about your household finances.
Step 7: You should serve the parent.
You will need to serve the parent with notice of the case once you have filed your documents.Different courts have different rules.You can file a "waiver" or "Acceptance of Service" signed by the parent instead of being formally served.Hire the sheriff's office or a professional process server if you have a friend or relative over 18 years old who is not involved in the case to deliver the documents to the parent.
Step 8: You can file a proof of service.
You can get an Affidavit of Service form from the court clerk if you make sure your process server fills out and signs it.The form shows that the server personally served the parent.The proof of service needs to be signed by the clerk.
Step 9: Go to the hearing.
Arrive early, dress well, and wait for the judge to call your case at the hearing.The judge will ask you why you want the parent's custody of the child to be terminated.The parent can argue that it would not be in the best interests of the child to be taken from him or her.Both sides can present witnesses and evidence to support their positions.
Step 10: There is evidence present.
If you want to present evidence at the hearing, bring it with you.This can include documents, photographs, videos, and audio files.Video and audio files can be burned to a CD.You can quickly refer to each item during the proceedings if you have your physical evidence organized in chronological order.If you received any evidence from a witness, ask him or her about it during testimony.You will need to argue that placing a child in your care is in the child's best interests.If you want to give a child a safe and stable home, you need to show that you are financially responsible and include a copy of your lease or mortgage.
Step 11: Witness testimony can be given.
You and your witnesses will have a different story to tell about why you think the parent is not fit to raise children.If you are represented by an attorney, he or she will ask questions to help you through your testimony.Explain each incident to the judge and answer any questions he or she has for you if you are self-represented.Ask the judge to allow you to present your witnesses after you testify.The child could testify at the hearing.Depending on the state, a child's testimony can be used in court.In Ohio, children over 10 are generally allowed to testify, while children under 10 must be interviewed by the court and found to be able to understand questions and tell the truth.The other side will be allowed to cross-examine the witness after they give testimony.If you don't know the answer to a question, do not be afraid to give short and honest answers.
Step 12: Don't disobey the court's orders.
The judge may announce at the end of the hearing that he or she needs more information before making a decision.If more information is needed, the court will order a child custody evaluation and appoint an independent evaluator to visit the parties' homes and interview their family and friends.The evaluator is able to schedule appointments for psychological evaluations.The clerk will set a new hearing date if the judge orders a custody evaluation.Take part in the evaluation process and then return to court to hear the judge's ruling on your petition.