Should i take custody

Search for resources and organizations in this language Advanced Search. What if there is no court order? What happens in court? Can a custody order be changed? Can grandparents get custody? Can other relatives get custody? What if a custody order is violated? Custody agreements It is usually best if the parents can agree on custody. The children live with one parent, who has primary custody. The other parent may have partial physical custody the right to take the children away from the custodial parent's home for a limited period of time.

The children live with each parent for part of the time, for instance, on alternate weeks. This is called shared physical custody.

What if parents can't agree? Should a parent see a lawyer even if they agree with the other parent on custody? What happens in the court? How will the judge make a decision? Download PDF File size: Remove your location - OR -. News from PALawHelp. Who to call for help Call if you are in danger right now. If you are not in immediate danger, you can phone SafeLink , Casa Myrna Vasquez , or see Jane Doe's list of Massachusetts domestic violence programs. Find Legal Aid You may be able to get free legal help from your local legal aid program.

View the results at Google , or enable JavaScript to view them here. What is domestic violence? How do I ask for custody? How does the judge decide? Evidence that one parent abused, neglected or abandoned the child will affect custody, with the parent who committed such acts against the child being less likely to receive custody.

However, the court will look closely at the reasons why the child prefers to live with the other parent. Courts will consider which parent can provide financially for the child.

For instance, if one parent is unable to afford housing, then this may have a negative impact on giving custody to that parent; Conditions in the home environment. Courts do not want to place a child in a dangerous or unhealthy household.

Courts prefer to keep siblings together whenever possible. If the child has siblings or half-siblings living with one parent, this may affect whether that parent receives custody.

Request A Lawyer Back to Top. Some parents think going to court will provoke the other parent, or they are worried that if a custody case is started, the other parent will suddenly fight for and get more custody or visitation rights than they are comfortable with.

If the other parent is presently uninvolved with the child, he or she may become involved just because a case was started. Also, if the other parent fights for custody, the case may drag on for a long period of time, sometimes over a year. You may need to go to court several times, especially if the other parent also wants custody. The court will look into many aspects of your personal life that you may prefer keeping private such as past mental health issues, your criminal record, substance abuse issues, and details of your personal relationships.

However, getting a custody order from a court can give you certain legal rights. Getting a custody order can give you:. Without a custody order, it is possible that both parents may share these legal rights, even if one parent takes care of the child every day.

However, if you file for custody, the other parent may also request these rights and it will be up to the judge to decide. We strongly recommend talking to a lawyer who can help you think through if filing for custody would be best for you, depending on the facts of your situation. You can find legal help by clicking on the NC Finding a Lawyer page. Some people think they should file for custody so they can get child support.