How do i get a court order for my child?

Answer 1

There are many ways to go about this. Whichever route you take you must get an attorney. Judges look down on self-representation and it gives them a bad attitude, you DON'T want to start off that way. So go find a reputable Attorney to represent you for a fair price.

Secondly, the best advice I can give anyone about to engage in a legal battle is this. Do whatever you can to keep as many options open as possible each time you have to make a decision. Not only are you more likely to get what you want, but the court will see this as diplomacy on your part and this gives you the moral high-ground. Something the court looks on very favorably. It may be difficult, but if the court can tell the ex is being vindictive and you are trying your hardest to make things go as smoothly as possible they will take your side, every time.

I am assuming this is regarding custody, but it really doesn't matter what its for, the process is the same. Weather its custody, or if you want your ex to be banned from smoking around the child, or anything else.

So start with having your attorney send a letter to your ex inviting them to mediation. Give them a specific amount of time to respond. You could even do this yourself, but Id still advise an attorney. The mediated agreement can then be taken by your attorney to a judge and the judge will make it an "Order" which binds all parties. If you break the mandates set out in the order its the same as breaking any other law and punishable by fine or imprisonment.

You want the court in it as a last resort. The rest of your life could be decided in 15 minutes by a judge who knows nothing about the situation and doesn't care. So you really really really don't want to go to court unless it is absolutely the last resort.

Child support is ALWAYS put into court orders involving children, one way or the other. So, if you are sharing custody, then the support amount is much lower. Obviously if you have full custody you don't pay anything. If you only get visitation you will have to pay full support, which is ridiculous and outdated. So NEVER settle for only visitation, you want shared or joint custody at the least. Without it you cant even go to the school play or have a say in medical concerns.

If he/she doesn't respond to mediation THEN move it to court by having your attorney set a court date and subpoena your ex to be summoned to court.

You will be the prosecuting party and the other parent will be on trial. At this point your attorney will explain to the judge how you tried mediation and the other parent refused. Now you have two choices, ask the judge to mandate mediation, or ask for full or shared custody. Either way you should ask for parenting classes to be a part of the order for both of you. These are proven tools to help you as a parent deal with your and and vice versa, and understand what the child is going through. It will also again, show the court how dedicated you are to your child.

The court will always rule in the best interest of the child. Which means having both parents involved. So, be sure you are clean, sober, employed or independently wealthy. If you are, and your ex has no proof that you would be an unfit parent (criminal records of physical abuse, sexual abuse or drugs), then you will be granted some visitation time or full/shared custody.

Don't worry about anecdotal evidence the ex may have against you, the court does not care. They only care about facts, and they have no time to engage in a conversation of "he said, she said". That will also piss off the judge more than anything. Let your attorney do ALL the talking. Always dress in a full suit when attending court, always say "yes Sir" when addressed by the Judge and always refrain from any unsolicited comments or from getting upset in the court room no matter what the other parent says or does.

If they are abusing the children or has them in an unsafe environment you need to go to DSS and talk to a counselor about going by their home and having the police monitor the neighborhood or home. If you have the money if would also pay to hire a private investigator to gather evidence to present in court, should DSS not be able to prove anything. If they can there will be an emergency hearing and you will be granted immediate Full Custody.

Finally, find a group of parents for emotional support or a therapist. This is one of the most difficult times in anyones life and it will take its toll if you let it go without getting support from friends, family and a third party counselor or therapist. Trust me on this. Don't be think your above it or tough enough, thats all bunk.

Go to the library and look up parenting books, usually in the childrens section. A great book is Vicki Lansky's Divorce Book for Parents: Helping Your Children Cope with Divorce and Its Aftermath, it will give you lots of good advice regarding custody and court orders, etc...

Answer 2

you get a lawyer and go to court duh,

how else would you get one

Answer 3

you go to your local court, and fill out the paper work

M

Answer 4

go to a lawyer