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To petition for and win sole legal custody, you have to prove that it is in your child's interests. If you can prove that your co-parent is unfit, unable to care for the child's basic needs, or a danger to the health and welfare of the child, the court may consider this reason to award you sole legal custody.
File a petition for custody: You can file a petition for custody in a family court under the Guardians and Wards Act, of 1890. In the petition, you'll need to provide details about the child, the other parent, and your own circumstances and qualifications as a parent.
When there are no court orders in effect, both parents have equal rights to their child(ren). It is unlawful however for one parent to conceal the child(ren) from the other parent, or for a parent not to provide some form of contact/visitation to the other parent.
How Do I Request Modification? Making a request only requires you to submit one form: Form FL-300, the Request For Order. Once filed with a court, the process will begin in earnest. You may also file Form FL-311, Child Custody, and Visitation, though this is optional.
Until you have a court order, both parents have the same rights. This means that both of you can make decisions about your children. No parent has any more rights to have the children in their care than the other.