You Got to File for It and Then You Got to Go to Court
Video Transcribed: How do I get full custody of my child? I’m Tulsa attorney James Wirth, and I’m answering frequently asked questions. And that’s the question we have here is how do I get full custody? Well, you got to ask for it.
You got to file for it and then you got to go to court and either get agreement, or get a judge to decide that that’s what’s in the best interest of the child, but it depends a little bit on where you start off. So if you are married, then you and your spouse ha defacto kind of have joint custody.
You don’t have any legal document. You don’t have any legal determination, but neither one of you has superior rights to the other. So if you want those superior rights, you need to file with the court. And if you file the divorce action requested for custody, or if you don’t want a divorce, you can file a legal separation requesting for custody.
And then it’s going to be on you to show evidence to the court that it’s in the best interest of the child for you to have sole custody. And that means for you to have sole legal decision making for the big decisions in the child’s life.
And then the court also has to determine what is appropriate for the relationship between the child and the other parent as far as visitation. So long story short, if you’re wanting to know how to get full custody, you got to request it.
You got to file it with the court. You’ve got to go through the court process and you have to convince the other side to agree to give it to you or you have to convince a judge that it’s in the best interest of the child for you to have it.
If you’ve got questions about your specific circumstances, you’re going to want to talk to a Tulsa family attorney. If you want to talk to somebody at my office, go to makelaweasy.com.
