How do I file for full custody?

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How do I file for full custody?

Do I need an attorney or can I do it on my own? How can I prevent my daughter’s father from taking her unsupervised until I get custody? I don’t trust him to not try to leave the state with her and not come back.

Asked on October 29, 2012 under Family Law, Pennsylvania

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Your first step is to file a custody suit.  If you are married to the father, you can combine this suit with your divorce.  After filing the suit, you can ask for temporary orders.  These orders can address your concerns while the suit is pending.  You can ask the court to restrict his visitations or restrict his movement with the child, or both--- depending on the facts of your case.  If you are just worried about him taking the child, but he has done nothing to harm the child, then the court may only grant you a restricted movement condition.  If he has threatened you or the child, then this would be a basis for restricted visitations. 

You can file a motion on your own, but it really helps if you do have an attorney help you through the process of filing the suit, preparing the petition, and requesting a setting on your motion.  Many family law attorneys will offer free or inexpensive consultations.  Visit with a couple until you find one that you are comfortable with and that offers a payment arrangement that fits your budget.  Because of the economy, more are offering payment plans and accepting credit cards than they had historically. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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