I want to attempt to get sole custody of my child without a lawyer. Is this possible if the other party agrees

Question

Also, Do I myself write a letter to the judge? What actions do I need to take to initiate this?

Answer 1

an agreement signed by the other party

Answer 2

If you and your partner can agree on custody issues, you can put that agreement into a writing that both of you sign. This is basically no different than do-it-yourself mediation.

The final decision is up to the courts, based on the best interests of the child. But if both of you agree that it would be in the best interests of the child, the judge will often accept that.

Answer 3

1. You have to file it with the court-dont write a letter to the judge-they wont look at it.
2. Not many judges award sole custody-you might get primary custody but unless there is abuse/or threat of harm to the child they will give joint.
What ever you do, get it thru the court-dont settle it just between you and the other parent-it will bite you in the butt later on down the road

Answer 4

This will depend on the agreement you and the other parent currently have. If there is a current custody agreement, it will have to be amended. The procedure for this varies from state to state, but generally you can petition the court to amend the custody/child support agreement pro se (without the other party being present).

However this is not true in all cases. Because the other parent is forfeiting rights to his or her child, there needs to clear evidence of that parent's consent. Although that parent will be foreiting visitation/custody rights, he or she will also, most likely, be relieved of the obligation of child support. This is something to keep in mind. If the other parent is willing to appear before the court with you, this would probably be the simplest way.

Generally most cities have a legal aid clinic that can offer free advice and perhaps forms for this preceeding. If both parents consent, this is an easy process, and most clinics are happy to assist you since it takes very little of their time. These clinics have income requirement in order for them to represent you, but usually they are willing to offer brief advice regardless of your income. I would suggest looking under "Legal Services" in your telephone book or in the local directory on the web. This advice may be necessary because of the particular rules of each local jurisdiction.

Answer 5

You make a pro se motion for sole custody including the fact that it has been agreed to. The other party should answer your motion saying they agree and usually the judge will make a decision. It will get sticky if there is a GAL involved!

Answer 6

You need to go to family court and have the custody agreement changed. If all parties agree it should not be a problem. You don't need a lawyer in family court.

Answer 7

This is a matter that must be handled by the court. Call Family Court in your area and find out if you can file the papers yourself and come to court without legal representation.

Answer 8

You husband might have sole custody yet that doesn't propose the mummy has signed over her parental rights . you will possibly desire to discover out if she signed over her rights if she did then sure you could undertake him without her consent...as quickly as she indications over her rights she loose all rights to the youngster.

Answer 9

It may or may not be depending on the situation. You don't say whether there is a marriage, a divorce, a paternity judgment, or even whether the "other party" is the legal parent.

Answer 10

As long as you get thier written declaration of the change of custody