How To Get Full Custody Of A Child Without Going To Court

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How To Get Full Custody Of A Child Without Going To Court - How To Get Full Custody - How To Get Custody Of A Child Without Going To Court

Want to know how to get full custody of a child without going to court?

In this article, you’ll learn about:

  • how to get full custody of a child without going to court
  • how to get full custody without a lawyer
  • how to get a child custody agreement
  • how to file for full custody on your own
  • the documents you need to file for full custody

So, let’s dig in.

Custody can be devastating. It’s heartbreaking when parents lose custody of their children. Spouses end up having to pay agonizing amounts of financial support.

If you want to protect your rights, not wrongfully lose custody, and not get raked over the coals financially, fill out the form below. Free consultations are first come first serve. We always run out of slots. Make sure you get yours locked in now.

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How To Get Full Custody Of A Child Without Going To Court

A parent can get full custody of a child without going to court through mediation

In child custody mediation, you and your ex can make child custody and visitation agreements. 

Then, you submit the agreements to the courts for the judge’s approval. 

The judge will either approve the custody agreement or reject it. 

If they reject it, then you’ll need to go to court to defend it. 

But if they approve it, this is how to get full custody of a child without going to court. 

They would reject it if they believed it was NOT in the child’s best interest.

Related: Grounds for Full Custody of Child 

How To Get Full Custody Of A Child With Mediation

Mediation is a great way to for how to get full custody of a child without going to court. 

In child custody mediation, the parents work with a neutral third party called a mediator. 

The mediator helps the parents come up with a satisfactory child custody agreement. 

In custody mediation, the parents will negotiate child custody until an agreement is reached. 

After this, the mediator drafts a child custody and visitation agreement. 

And they submit it to the courts for the judge’s approval. 

These child custody agreements are not legally binding until the judge signs them.  

Let’s talk about how to improve your chances of getting full custody using mediation.

Related: How Can a Mother Lose Custody of Her Child

Bring An Attorney To Child Custody Mediation

To get full custody of a child without going to court, bring a custody lawyer to mediation. 

Your attorney can attend mediation with you. 

Or they can provide you with advice outside of mediation. 

What’s important is that your custody lawyer will help you protect your rights. 

And help you figure out how to get custody of a child without going to court. 

Related: Emergency Custody

Set Realistic Goals For The Outcome Of Mediation

A parent in mediation can get full custody of their child without going to court by first setting sensible goals.

You need to figure out what your top priorities are. 

And what you’re willing to give up in the negotiations. 

Figure out what the exact custody arrangements you want are.

And make a list of the other, less important things. 

In the child custody negotiations let the other parent win on less important issues. 

And work on winning the things that are important to you. 

Related: Divorce as a Stay at Home Mom

Gather Evidence For The Child's Best Interests

You want to have evidence to provide the judge showing you are a fit parent

And show the judge that it’s in the child’s best interests that you get full custody. 

Tangible evidence is important when you want to get full custody of a child without going to court. 

Let’s say that you are the one who picks up and drops off your child from school. 

Or the parent who shows up to all school activities. 

Or the parent who attends and supports extracurricular activities. 

You want written statements from teachers and coaches confirming this. 

This will give the judge written evidence confirming your involvement in the child’s life. 

And that you support and encourage their interests in life. 

Related: How To Get A Court Ordered DNA Test

Create Your Child Custody Agreement

Ideally, you and your ex will come to an agreement with child custody mediation. 

After this, the mediator or your attorney will draft a final child custody agreement. 

This agreement will include the terms you both agreed upon during mediation. 

Then, they will submit this to the courts for the judge’s approval. 

And if the judge approves, this is how to get custody of a child without going to court. 

Related: If There Is No Custody Order In Place Can I Take My Child

How Can I See My Child Without Going To Court

If you’re being denied visitation, how can you see your child without going to court?

You and the other parent can agree upon make-up visitations without going to court. 

What if the other parent won’t let you make up denied visitation? 

You need to get a child custody lawyer involved. 

They will be able to guide you through a child custody dispute. 

Child custody disputes can get resolved in two ways:

  • attending child custody mediation
  • going to court 

Mediation is the best way to figure out how to see your child without going to court. 

But you may have to go to court if you have an uncooperative co-parent. 

A co-parent withholding visitation is in contempt of the child custody orders

After you file a contempt request, the judge can:

  • force them to allow you to make up visitation
  • charge them fines
  • make them pay your attorney fees
  • charge them a misdemeanor
  • charge them a felony for repeated offenses
  • change the custody order to benefit you more

Related: Moving Out of State With Child No Custody Agreement

How To Get Full Custody Of My Children

If you want to get full custody of your children, here are some things the judge will look for. 

  • financial documentation
  • the best interests of the children
  • how the mother has treated the child
  • your relationship with your child
  • the space you have at home for your child

You’re probably wondering how can you get full custody of a child.

The courts won’t give you full custody unless it’s in the child’s best interests.

Meaning, you won’t get it just because you want it.

You can only get full custody of a child if it’s in the child’s best interests. 

When you’re working on how to get full custody without going to court, you’ll want to do:

  • gather financial documents (tax returns, pay stubs, income statements)
  • do not falsify information (this is a violation of court laws)
  • do not talk down to the mother

Financial information gets used to prove whether you can financially support the child if you get full custody.

If you falsify information about yourself or the co-parent, you are breaking the law.

But, as I mentioned, if it’s in the best interest of the child, the courts will give you full custody.

There are several reasons the other can lose custody of the child.

You’ll need to prove that the other parent is unfit to raise the child.

A parent can get full custody of a child if the co-parent is:

  • abusing the child
  • neglecting the child
  • addicted to drugs or alcohol
  • unable to care for the child

Even if you’re filing for full custody, do not lie about the mother.

It’s illegal to lie in court and you could lose custody and visitation rights to your child.

But it’s also not in the best interest of your child.

They deserve to have both parents in their life even if you really dislike them.

If you can provide evidence for the above reasons, then you will present this evidence to your divorce lawyers.

They will submit the evidence to the courts.

Related: Reasons a Judge Will Change Custody

Can I Get Full Custody And Child Support

You are more likely to get child support if you get full custody of a child

When you have full custody of a child, you have expenses for:

  • feeding the child
  • clothes
  • housing
  • medical care
  • education
  • extracurricular activities

In the judge’s eyes, it’s only fair that the non-custodial parent contributes financially. 

Let’s say you get full custody of a child in a divorce. 

The judge will issue child custody orders stating how much the non-custodial parent has to pay

And these child custody orders will get issued with your divorce decree

So, yes, you can get full custody and child support. 

Usually, there is only time you would not get child support.

That is if there is equal parenting time and you earn more money.

Related: Child Support Laws for Non-Custodial Parents

How To File For Full Custody

This section will dig deeper into how to file for full custody of a child without going to court. 

How To Get A Custody Agreement

A child custody agreement is a contract between the parents of a child. 

It’s a written document that details the guidelines for child custody. 

A child custody agreement usually includes things like:

  • who has primary custody
  • who has legal custody 
  • how custody will get split between the parents
  • the visitation schedules

You can get a custody agreement from your custody lawyer. 

Or you can get a custody agreement from your local Superior Clerk’s office

Related: Who Has Custody of a Child When the Parents Are Not Married

Creating A Child Custody Agreement Without Court

You’re trying to figure out how to get full custody of a child without going to court. 

So, you’ll need to create a child custody agreement without going to court. 

If you’re having an uncontested divorce, you can create a custody agreement without court by:

  • attending child custody mediation
  • agreeing to child custody on your own
  • letting your divorce lawyers negotiate a custody agreement

These are the three ways to create a child custody agreement without court. 

But most couples have a contested divorce

In this case, you most likely will not come to a child custody agreement without court. 

Once you have a custody agreement, let’s talk about how to petition the court for custody. 

Related: No Custody Agreement Father Took Child

How To Petition The Court For Custody

These are the steps for how to petition the court for custody of a child:

  1. create your child custody agreement
  2. compile the evidence you need to prove you’re a fit parent
  3. file the petition for child custody
  4. provide the other parent with notice that you petitioned the court for custody
  5. schedule your court hearing for custody
  6. present your evidence for both sides in court

That’s how you petition the court for custody if you’re going to court. 

But what if you’re working on how to get full custody of a child without going to court?

IN this case, you would petition the court for full custody by:

  1. create your child custody agreement with a mediator
  2. compile the evidence you need to prove you’re a fit parent
  3. file the petition for child custody
  4. provide the other parent with notice that you petitioned the court for custody
  5. wait for the judge’s approval 
  6. obtain your new child custody orders

Related: What Happens If The Non-Custodial Parent Misses Visitation

How To File A Petition For Custody Without A Lawyer

In uncontested child custody, you don’t need a lawyer. 

And you can file a petition for custody without a lawyer. 

Let’s assume that you and your ex have come to a child custody agreement. 

And you’re now wanting to know how to file a petition for custody without a lawyer. 

The documents you’ll need to file a petition for custody of a child are:

  • proof of paternity or legal parentage
  • child’s birth certificate
  • any existing orders related to the child

The forms that you’ll need to fill out with your petition for custody are:

These are example ones you can look at. 

To get these forms, you can either:

  • go to your local Superior Clerks office and ask for them
  • go to the Superior Clerks website and download them

Related: Moving Out Of State With Child

How To Get Full Custody

How to get full custody of a child without going to court is different for each parent. 

Mothers have an easier time getting full custody. 

While the chances of a father getting full custody are lower. 

So, let’s talk about how to get full custody of a child for each one. 

Related: Keeping A Child Away From The Other Parent Can Backfire

How To Get Full Custody As A Father

Let’s talk about how to get full custody of a child for fathers.

Since the chances of a father getting full custody are lower, you want to do everything you can.

Here are some tips for how to win custody battles for fathers.

  • pay your child support payments
  • develop a strong relationship with your children
  • document your visitation schedule, parenting plans, and other involvement in your child’s life
  • show up to all extracurricular activities and events in their life
  • make sure your children have their own space in your home
  • create a plan for financially supporting your children
  • create a plan for their education, extracurricular activities, child care, etc.
  • be as respectful as possible towards the judge, the mother, and your child
  • ask yourself if you really want full custody as a father
  • give mediation a shot if you cannot come to an agreement

Even if you are the best father in the world, getting custody as a father is still tough.

Fill out the form on this page to get a free consultation with our best divorce lawyers.

We have experience in successful custody battles for fathers.

Related: How Can A Father Get Full Custody of His Child

How To Get Full Custody Of A Child As A Mother

A mother can get full custody if she can prove that it’s in the child’s best interest.

If you’re looking at how can a mom get full custody, the courts look at:

  • your existing relationship with the child
  • stability of the home you provide
  • inability of the father to meet the child’s needs
  • father’s lack of involvement
  • father’s inability to financially support the child
  • father’s abusive or neglectful behavior

Even if you do get full custody as a mom, the father will still have visitation rights.

You’ll want to hire an experienced child custody lawyer to go to battle for you.

They are the most experienced when it comes to how to win a child custody case for mothers.

And they know how to win custody battles.

Let’s talk about how to give full custody to the other parent. 

Related: How a Mother Can Lose a Custody Battle

How Do I Give Full Custody To The Other Parent

Some parents no longer want custody of their children for various reasons. 

So, how do you give full custody to the other parent without going to court?

Both parents need to agree on one of them getting full custody. 

You need to create a child custody agreement that gives one parent full custody of the child.

Make sure that the agreement includes provisions for:

This child custody agreement needs to get signed in front of a notary. 

Then, you can file a petition for custody modification with your local Superior Clerk’s office. 

How To Get Full Custody Of A Child Without Going To Court

If you want the best custody attorneys to represent you, fill out the form below.

We have the experience needed to ensure that your rights are protected.

This means that you don’t wrongfully lose custody of your children.

We also make sure that your divorce judgment is equitable and fair.

This means you don’t get raked over the coals financially.

After you fill out the form below, we will set up your free consultation.

Talk soon.

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