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One of the biggest mistakes in a custody battle is not adequately preparing a petition for child custody. Failing to gather essential documents and evidence can weaken your case. It's crucial to understand what the court looks for when making custody decisions. By preparing thoroughly, you can demonstrate your capability as a parent.
How do I ask the court for custody or visitation of my child? Anyone can file a custody or visitation petition in Family Court. The parent must name the other parent on the petition and explain the reasons why he/she should have custody. Either parent in a custody or visitation petition has the right to an attorney.
New Mexico courts may grant a parent sole custodial rights when clear and convincing evidence demonstrates: Incarceration; Abandonment; Domestic abuse; Drug or alcohol abuse; Relocation that makes joint legal custody impossible; CYFD has substantiated abuse or neglect charges against a parent;
To obtain sole legal and primary physical custody with limited or supervised visitation, a Connecticut parent would have to prove the other party is completely unfit to parent. Potential issues that may demonstrate an inability to raise a child include: Substance abuse problems. A history of violent criminal offenses.
A New York court can make orders about the child's custody only until the child is 18 years old. The Court gives custody based on what is best for the child, this is called the "best interest of the child." If there is no court order, then both parents have equal rights to physical and legal custody of the child.
Courts in New Mexico very rarely award full custody to one parent unless there is a compelling, proven, verified reason to do so. It is also up to the parent requesting full custody to convince the judge that the other parent is either unfit or a danger to the child.