how can i get my custody online without a lawyer or court

How much does it cost to file for custody in KY?

Filing Fees (unless accompanied by a Motion for Leave to Proceed In Forma Pauperis): $198.00 + service fee(s).

How much does it cost to file for custody in NC?

You'll need to pay the court clerk $150 to open your case. If you can't afford it, submit a Petition to Proceed as an Indigent to ask the court to waive the charges.

How long does a father have to be absent to lose his rights in North Carolina?

6 consecutive monthsAbandonment. A parent who has willfully abandoned a child for at least 6 consecutive months (or an infant for at least 60 consecutive days) can have their parental rights terminated.

At what age can a child choose which parent to live with in NC?

​There is no magic age number when a child can decide who to live with under North Carolina law. When a child turns age 18 and becomes an adult they can choose to live wherever they want, but before then a judge can dictate where that child must live.Jul 23, 2018

What is parental kidnapping in NC?

According to North Carolina law, if a parent violates another parent's custodial or visitation rights by keeping the child away from that parent, it is considered parental kidnapping. This is the result if a parent simply refuses to return the child, and when a parent flees with a child.

What makes a parent unfit in North Carolina?

Factors Judges Use to Determine if a Parent is Unfit The safety, health, and welfare of the child. Evidence of a history of abuse or violence against the child, another child, the child's other parent, or another romantic partner. A parent's history of substance abuse, including drugs and alcohol.May 26, 2021

How do you prove child abandonment in NC?

Some of the ways you can be charged with child abandonment are if you act in any of the following:Abandoning your child for six or more months.Refusing or failing to provide support during that time period, you are gone.Attempting to conceal your whereabouts with the intent to escape your child support obligation.

What are my rights as a father in North Carolina?

Fathers Have Equal Rights to Custody and Visitation Fathers and mothers have equal rights to child custody – both physical custody (where the child lives) and legal custody (decision-making authority). The law focuses on what serves the best interests of the child.

What is considered child neglect in NC?

A child is neglected if the child does not receive proper care, supervision, or discipline, from the child's parent, guardian, custodian, or caretaker; or the child has been abandoned. A child is neglected if the child lives in an environment injurious to the child's welfare.

At what age will a judge listen to a child in NC?

If a child is old enough and mature enough — and usually that's in the 10, 11, 12 age range — then the judge will hear from the child.

How can a dad get 50 50 custody?

Parents commonly choose 50/50 custody when they reach an agreement, and it can also be ordered by a court following trial, if appropriate.

What age can a child refuse visitation in NC?

18Can a Child Refuse Visitation in North Carolina? When someone asks "what age can a child leave home in North Carolina", the answer is 18.

How to transfer custody of a child?

It's not easy to think about, but circumstances may arise when you need to ask someone to care for your children when life gets complicated. Whether you're thinking about giving custodial authority to a family member or custody to the other legal parent, you must follow the law. If you already have a custody order from the courts, the only ways you can transfer custody are to either: 1 put an agreement in writing with the other parent, or 2 ask the court to modify your custody order.

What happens if you share custody of a child with another parent?

If you share custody with the child's other parent, you must have permission before you change the custody arrangement. If the other parent disagrees, you'll need to file a formal request (motion) with the court to change the order.

Can a parent give custody of a child to a third party?

Child custody is a serious matter that only parents and the courts can decide. Parents can't allocate custody to a third party without court involvement. However, parents can delegate legal authority to a family member or friend, with the intent that the person will have physical custody and care of the child.

What to do if you are paying child support?

If you're a parent currently paying support and you've agreed to become the child's primary caregiver, the first step is for you to forward your agreements to the court that handled your divorce or original custody case.

What is child custody?

The term child custody refers to the guardianship rights granted to a parent. It is used to describe the legal and decision making relationship between the custodial parent and the child. When determining child custody rights, the court will consider a number of factors, but first and foremost they will consider the child’s best interests.

What is a child custody agreement?

A child custody agreement is a type of written document that clarifies the guidelines for child custody between the parents. These guidelines typically include:

What is a parenting plan?

A parenting plan is a type of agreement between parents that details the schedule, duties, and responsibilities of each parent in relation to their child.

What is a third party mediator?

The third party, known as a mediator, promotes reconciliation, compromise, or settlement. Mediators will work between the two parents, as well as their attorneys, in order to help them come to an agreement regarding child custody and a parenting plan.

Why is mediation important?

The mediation option keeps court involvement in the process to a minimum, which decreases costs. Additionally, mediation typically lasts a shorter amount of time than a trial, and is incredibly useful in cases that are particularly sensitive or personal.

What is a court order?

The court order is a document with the judge's decision and this document will set out exactly what the custody arrangement will be and how it will be enforced. You and the other parent will be required to follow this order or risk legal ramifications.

How to request custody of a child?

1. Fill out the required court forms. In order to request a custody hearing, you will have to fill out a request for an order. This form will require you to divulge information including your request for custody and the facts supporting your request.

Can a parent petition for custody?

Parents can start a family law case and petition for custody if: They are married to each other and do not wish to get a divorce but they want a court order for custody; They are not married and they want a court order for custody; They are not married but have an adopted child and now want a court order for custody; or.

How to resolve custody issues with a parent?

Go to mediation. In some states, the court will require you and the other parent to take part in mediation prior to going to court to resolve your custody issues. Mediation gives parents an opportunity to work out their disagreements outside of court and allows the parents to have a bigger impact on the decisions that are made. In mediation, both parents will meet with an expert mediator and discuss their disagreements in an attempt to come to an agreed upon solution. If you and the other parent come to an agreement, the mediator will help you draft a parenting plan and that plan will then be submitted to the judge for approval.

What is the purpose of mediation?

In mediation, both parents will meet with an expert mediator and discuss their disagreements in an attempt to come to an agreed upon solution. If you and the other parent come to an agreement, the mediator will help you draft a parenting plan and that plan will then be submitted to the judge for approval.

Do you have to pay a fee to file a court case?

The clerk of courts will take possession of your forms and will require you to pay a filing fee. Fees will differ from state to state, and even county to county. If you cannot afford the fee, you can always ask for a fee waiver. In order to receive a fee waiver, you will need to show some sort of financial hardship.

Can you get full child custody without going to court?

A parent can get full custody of a child without going to court through mediation. In child custody mediation, custody and visitation agreements can be agreed upon and drafted outside of court, then submitted to a judge for approval.

Go to Mediation to Seek Full Child Custody Without Going to Court

Mediation is a great way for parents to settle child custody terms without going to court. In mediation, parents work with a neutral, third-party mediator that helps reach a mutually satisfactory custody agreement.

Set Sensible Goals

A parent in mediation can get full custody of their child without going to court by first setting sensible goals. Think about the exact custody terms you want, then make a list of your nonnegotiables and trivial preferences. If push comes to shove, let your child’s parent win less-important differences while you take home the nonnegotiables.

Gather and Prepare Evidence

Then, gather and prepare evidence to support your goals. Any claim you make in mediation should be backed by proof; this will strengthen your case and likelihood of getting full custody of your child without going to court. Collect, review, and organize any documents relevant to your custody case.

Draft and Submit a Custody Agreement

Once you’ve reached an agreement that gives you primary, sole, or full custody of your child, the mediator or an attorney can draft a final custody agreement. This agreement will clearly state the terms agreed upon in mediation. Once drafted and reviewed, the custody agreement will be sent to a judge for approval.

Contact Us

If you want to get full child custody without going to court, contact us. We’ll get you in touch with the most qualified attorney or mediator for your unique legal matter. Your first consultation is free. We’re here for you 24/7.

How to get custody of a child?

An attorney will handle everything from A to Z, including: 1 Filing complicated paperwork with the right people at the right times (pre-trial orders, child support worksheets, ex-parte temporary custody orders, etc.) 2 Gathering personal character references, coaching on reference letters, and preparing witnesses for court 3 Providing insight on the judge you are assigned 4 Developing a strategy on your approach and attitude during the custody hearing 5 Gathering evidence and contacting expert witnesses (such as a forensic accountant to show your ex is spending irresponsibly or doing something illegal) 6 Helping you with your personal testimony and preparing you for tough questions from the judge

What is a custody battle?

While child support considers the money needed to raise a child, a custody hearing (sometimes called a child custody "battle") considers the visitation rights and parenting plan that most benefits your child. If you feel frustrated that a court can tell you what is best for your child, you are not alone. Many parents think a custody order (also ...

Who decides custody of a child?

Many parents think a custody order (also called "custody agreement") should be decided by the parents and not a family court. If parents can find a solution that works for both of them and, more importantly, is in their child's best interests, then they can present that solution to a judge and avoid a courtroom battle.

Can a parent fight for custody?

Some parents can work out a parenting plan or child custody agreement on their own , peacefully, while others will fight for what they believe is fair and right for their child. If you are preparing for a fight, you will want to consider legal help, but you have options.

How much does an attorney cost?

Attorney are always a large expense that people do not plan for. Most cost $100-$500 per hour, and your case may need many hours. However, attorneys can cost less in the long run because they don't make mistakes in the process, and generally, the overall process goes faster.

Is it a right to represent yourself in court?

Representing yourself in court is your right and can have pros and cons. The obvious pro is that you will save money on legal fees. However, going to court generally means the parents cannot find a solution. So you are looking at a complex process in front of you before you even get to the courtroom.

Can a lawyer advise you on a case?

Some law firms can advise you on a case by-the-hour, or act as your counsel outside of court. You can save money by handling all paperwork and case prep yourself, but this is a large, time-consuming feat. You can ask a lawyer to review your paperwork and help ensure it will meet the judge's expectations.

How to get custody of a child in New Jersey?

In New Jersey, custody can be summarized by these three possible arrangements: 1 Joint Custody (children live with both parents and often parents retain joint legal custody); 2 Split Custody, (where there is more than one child, the children are split between the parents) and; 3 Sole Custody (one parent takes legal and physical custody of the child).

What is legal custody in New Jersey?

The child lives with that person. Legal custody is the right to make decisions for the child such as authorizing minor surgery or signing release forms for a school trip. Both types of custody can be shared between ...

Can a judge modify a custody order?

Unfortunately, that would be well within their legal rights. If the terms of the initial child custody order are not legally modified by a judge, you have no grounds to en force the new agreement.

What happens when you modify custody agreement?

When you modify your custody agreement through the court system, you ensure that your rights can be enforced. First you file a petition citing that a significant change in circumstances has taken place. Examples of “significant changes in circumstances” include:

What is a power of attorney?

A Power of Attorney is a document that needs to be signed by the person giving the "powers" in front of a notary and notarized. I would recommend that you have an Attorney prepare it for your daughter. This is the only way to completely avoid Court, but it may not do what you need it to do.

Can a daughter give you a power of attorney?

Your daughter can give you Power of Attorney to deal with issues of family maintenance for your grandson, effectively giving you the power to make housing, education and medical arrangement for him. This however, does not take away your daughter's rights to parent her child, nor the father's rights.