{"id":351646,"date":"2016-04-04T11:02:29","date_gmt":"2016-04-04T16:02:29","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/family\/child-custody\/how-to-get-custody.html"},"modified":"2026-07-08T08:47:00","modified_gmt":"2026-07-08T13:47:00","slug":"how-to-get-custody","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/child-custody\/how-to-get-custody.html","title":{"rendered":"How To Get Custody of a Child in 5 Steps"},"content":{"rendered":"\n
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How To Get Custody of a Child in 5 Steps<\/h1>\n\n
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\n By Jade Yeban, Esq.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

There are many scenarios in which a parent or close relative may want to get custody of a child. Getting legal custody of a child is a complex and emotional process that requires careful planning. You may also need professional legal help to navigate the steps.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

If you’re filing for\u00a0custody of a child<\/a>, keep in mind that family courts are primarily concerned with the child’s well-being. Therefore, courts will want to know the primary caregiver. They will decide whether that person is best prepared to be the custodial parent.<\/p>\n

Courts generally assume that visitation with the non-custodial parent is in the child’s best interests. This is unless there’s a history of abuse or domestic violence<\/a>.<\/p>\n

While parents can work out a custody arrangement on their own, the court must still approve it. If you’re in a\u00a0custody dispute<\/a>, it’s important to understand the process. You should also know how the court makes custody decisions.<\/p>\n

The process of filing for child custody\u00a0varies by state<\/a>. The article outlines how to prepare for child custody proceedings and the general steps for getting custody of a child. The specific process you will follow depends on your state, and whether you are the child\u2019s mother, father, or non-biological parent or grandparent. Consult with a family law attorney<\/a> for legal advice targeted to your custody situation.<\/p>\n

Get Started on Divorce and Child Custody Proceedings<\/h2>\n

If you’re\u00a0getting a divorce<\/a>\u00a0and have representation, your attorney will cover matters pertaining to any minor children born (or adopted) to you and your spouse. This includes custody, visitation, and support issues. If you’re filing for divorce without an attorney, the divorce petition must address any involvement of minor children.<\/p>\n

Before you file the petition, make sure you can clearly explain why you should be awarded custody. Think about whether there was a change in circumstances. Bring up any concerns about the other parent’s ability to care for the child.<\/p>\n

Understand the Types of Custody Arrangements<\/h2>\n

Courts prefer to give joint custody to co-parents, where parents share parenting time. In some joint custody arrangements, parents share both joint legal custody and joint physical custody.<\/p>\n

If a court finds that a parent is \u201cunfit<\/a>,” they may award sole legal custody and\/or sole physical custody to the other parent. Legal custody refers to a parent’s ability to make major decisions about the child’s life. This includes decisions about topics such as healthcare or education. Physical custody refers to where a child primarily lives.<\/p>\n

The court might order the non-custodial parent to pay child support<\/a>. The court may also award visitation rights to the other parent or another family member, such as a grandparent.<\/p>\n

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Child custody rules and processes vary by state. Find an attorney near you<\/a>.<\/p>\n

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Attempt To Resolve Custody Disputes Outside of Court<\/h2>\n

Resolving custody issues outside of court can lead to more amicable and mutually beneficial outcomes for both parents and children. Informal negotiations or alternative dispute resolution (ADR) methods can help parties agree on a custody arrangement that prioritizes the best interests of the child without the adversarial nature of family court.<\/p>\n

Negotiating Child Custody Arrangements Informally<\/h3>\n

In the best-case scenario, parents will work together through informal negotiations to make decisions for their child. They can do this with or without the assistance of attorneys. They must come up with a custody arrangement and parenting plan. Once the parties agree, it should be in writing. This is usually called a “settlement agreement” or “custody agreement,”\u00a0depending on your state<\/a>.<\/p>\n

If the parents can agree and the court decides the terms are in the child’s best interests, the court will approve the plan. There are no further hearings needed in these situations.<\/p>\n

Using Alternative Dispute Resolution for Custody Decisions<\/h3>\n

Another way to avoid a courtroom showdown when confronted with a\u00a0child custody dispute<\/a>\u00a0is to use an\u00a0alternative dispute resolution<\/a>\u00a0(ADR) method, which includes:<\/p>\n