Physical violence Excessive disciplining Emotional abuse Drug or alcohol abuse Convictions for sexual offenses. [2] X Research source
Is the parent properly supervising the child? Is the parent properly feeding, clothing, and educating the child? Does the parent associate with criminals, gang members, violent people, or drug users? Is the home well-maintained with heat, running water, and enough space for the child? Is there anything else dangerous in the home, such as lead paint or improperly stored firearms?
Photographs, video, and audio files showing physical or verbal abuse Medical records related to injuries Criminal records Communications between yourself and the mother, such as emails, texts, and voicemails
Your witnesses may also have evidence in their possession, such as threatening emails or voicemails left by the parent.
Call your state’s Department of Child Protective Services (CPS). Depending on the particular policies of the CPS office in your state, CPS may investigate and file your case for you. Petition for divorce. If you are married, child custody will be a major issue in your divorce case. When you are filling out your divorce petition, explain what kind of custody arrangement you want and why the other parent is unfit. Petition for custody. If you were never married to the other parent, you can file a petition to establish custody. If you are divorced from the other parent and want to modify an existing custody order, you can file a petition to modify the custody order. Ask the court clerk what forms you need to file in order to make your request. Use the forms to explain what kind of custody arrangement you want and why the other parent is unfit. Petition for guardianship. If you are not a parent of the child, you can file to become the child’s legal guardian. Ask the court clerk what forms you will need to file, and use the forms to explain to the court why the child should be removed from the parent and placed in your care.
If you are filing for custody or guardianship, you must file your petition in the county where the child lives. If you cannot afford to pay the filing fee, ask the clerk how you can file an application for a fee waiver. You must provide information about your household finances and submit the form to the clerk. If the judge denies your fee waiver, the clerk will notify you that you must pay the regular filing fee.
Pay the sheriff’s office or a professional process server to serve the parent; or Arrange for a friend or relative over 18 years of age and not involved in the case to hand-deliver the papers to the parent.
If you have evidence that came from one of your witnesses, ask the witness about that piece of evidence during his or her testimony. When arguing for custody, you should be prepared to present evidence that it would be in the child’s best interests to be placed in your care. To demonstrate to the court that you can provide a safe, stable home for the child, bring a copy of your lease or mortgage.
The court may allow the child to testify at the hearing. Different states have different rules about whether a child’s testimony is admissible in court. For example, children over 10 years of age are generally allowed to testify in Ohio, while children younger than 10 must be found by the court to be able to understand questions and answer truthfully. [4] X Research source After each witness has been examined, the other side will have an opportunity to cross-examine the witness. Keep your answers short and truthful, and do not be afraid to admit that you do not know an answer. [5] X Research source
If the court orders a custody evaluation, the clerk will set another hearing date. Comply with the interviews and home visits, then return to court on the hearing date for the judge’s ruling on your custody petition.
