How to Get Your Child Back From Temporary Custody
- 1). Draft a petition to revoke guardianship if you transferred custody to an extended family member in the past. While the form varies slightly from state to state, generally you will enter the reasons why the current custody arrangement was entered, along with the reasons why you want the to revoke the agreement.
If you are looking to change the existing child custody arrangement, you will need to file a "Petition to Modify Custody." While forms vary from state to state, you can obtain a blank copy of the order from your county courthouse or, possibly, online from your state's government website. Be sure to include information that illustrates to the court that the reason for a temporary agreement is no longer valid. - 2). File the petition in the courthouse of the county where your child currently resides, if different than where you currently reside. Once you pay the filing fee, you will receive a stamped copy of your petition along with a court date Provide a copy of the stamped petition to the current custodian via special process server.
- 3). Discuss the petition with the current custodian. Courts prefer parties to come to an amicable agreement on issues like custody and visitation. Speak to the current custodian to see if you can come to an agreement. If you cannot come to an amicable agreement, the court will set the matter for hearing where you will have an opportunity to present your evidence and witnesses to show the court that vesting custody with you represents the best interests of the child.
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