How to Get 51% Custody: A Step-by-Step Guide for Parents

A court order specifying 51 percent custody must be obtained from the family court.

How To Get 51 Percent Custody

Custody is a complex and often contentious topic in the court of law. Whether involving married couples or not, there are many factors that come into play when it comes to determining who gets primary custody of a child.

In order to get 51 percent or full custody, petitioners must present evidence that demonstrates that being under their sole care best serves the childs well-being and overall development. This evidence can include things like the petitioners financial stability, physical/mental condition, lifestyle, and relationship with the child.

It is important to also have proper documentation such as a birth certificate; educational records; medical records; statements from mentors or teachers; employment history; and character references. All of this information will support long-term custody plans, help build a case for increased visitation rights, and provide proof of significant involvement in the childs upbringing.

Lastly, in order to be successful in their petition for 51 percent or full custody, one must demonstrate an understanding of what is best for the child at this time and into the future. Establishing trust with the judge is important having a lawyer by your side can help enormously with this task!

Understand Your State’s Laws

It is important to familiarize yourself with the laws in your state when seeking 51 percent custody of a child. Depending on the state you reside in, different laws may be applicable to your situation. This is why it is important to find out what the specific laws are that govern child custody in your state. Some states require a certain amount of time spent with each parent while other states may allow parents to craft their own agreement. It is important to understand what is necessary for a judge or court in order for them to grant you 51 percent custody of the child.

Get The Child’s Opinion

In some states, courts will take into consideration the opinion of a child when making decisions regarding their custody. This means it might be beneficial for you to talk to the child and ask them their opinion on who they would like more time with. If the child expresses an interest in spending more time with you, it could give you an advantage during court proceedings. However, it is important not to pressure them into giving an opinion as this could make them feel uncomfortable and have an adverse effect on your case.

Gather Evidence

When trying to get 51 percent custody, it can be beneficial to gather evidence that proves why it would be beneficial for the child if they spent more time with you than their other parent. This evidence can take many forms such as letters from family members or friends vouching for your character or medical records that show why it would be better for the childs health if they spend more time with you than their other parent. You can also include photos and videos of you spending quality time with the child as this could help demonstrate how strong your bond is and why it would benefit them if they were able to spend more time with you than their other parent.

Hire An Attorney

If your case needs to go before a judge or court then it might be beneficial for you to hire an attorney who specializes in family law. An experienced attorney can help ensure that your case is presented in a manner that gives you the best chance of getting 51 percent custody of the child. They can also provide legal advice and guidance throughout the process which could potentially increase your chances of success during court proceedings.

Evaluate Your Situation

Before deciding to pursue full custody, it is important to evaluate your current situation and determine if you are in a position to be successful. Ask yourself the following questions:

– Do I have a stable job and income?
– Do I have adequate housing for the child?
– Am I able to provide emotional support for the child?
– Can I provide a safe, secure environment for the child?
– Do I have a support system of family and/or friends who can provide assistance when needed?

If you answered yes to these questions, you may be in a good position to pursue full custody. However, if any of your answers were no, or if you are unsure, it is important to consider whether or not you can realistically provide for the needs of the child before continuing with this process.

Gather Evidence

Once youve evaluated your current situation and determined that you are in a position to pursue full custody, it is time to start gathering evidence that shows why full custody would be in the best interest of the child. This evidence can include reports from doctors or therapists, school records, police reports or other documents that demonstrate why full custody would be beneficial. It is also important to consider any potential negative evidence that could be used against you.

Consult an Attorney

It is highly recommended that individuals seeking full custody consult with an experienced family law attorney who can advise them on their particular situation and guide them through the legal process. An attorney can help by providing advice on how best to present your case and what types of evidence should be presented in order to increase your chances of success. Additionally, an attorney may be able to negotiate an agreement with the other parent out of court which may result in an amicable resolution without going through a lengthy trial process.

File for Custody

After consulting with an attorney and gathering all necessary evidence, it is time to file for full custody in court. Depending on local laws, this filing may need to take place at either the state or county level court house. It is important at this stage not only to present all relevant evidence but also make sure that all paperwork has been filled out correctly before filing as errors could result in delays or even dismissals of your case by the court.

Attend Court Hearings

Once paperwork has been filed correctly at court hearings will begin where both parents will have their opportunity state their case as well as present any relevant evidence they have collected showing why they believe they should have full custody. It is important at this stage not only to present facts but also demonstrate why these facts show why it would be in the best interest of the child for one parent or another have primary responsibility over them. After each party has had their chance state their case, a judge will then make a determination as which parent should receive primary custodial rights over their children based on what is deemed best for them overall.

FAQ & Answers

Q: What is 51 Percent Custody?
A: 51 percent custody is a legal term used to describe the parent who has the majority of decision-making power in regards to a childs upbringing, care, and welfare. It is also known as primary physical custody.

Q: How do I get 51 Percent Custody?
A: In most cases, parents can agree on a custodial arrangement and submit it to the court for approval. If parents cannot agree, then the court will decide what type of custody arrangement is best for the child. Factors considered by the court include the living arrangements of each parent, each parents ability to provide a stable home environment, and any history of abuse or neglect.

Q: What if my spouse does not agree to 51 Percent Custody?
A: If your spouse does not agree to a custodial arrangement that awards you primary physical custody (51 percent), then you should contact an attorney who can help you present your case before a judge. An attorney can also work with you and your spouse to try and negotiate an agreement that works for both parties.

Q: How long does it take for me to get 51 Percent Custody?
A: The amount of time it takes for you to be granted primary physical custody (51 percent) depends on a variety of factors, including whether or not you are able to reach an agreement with your spouse or if litigation is necessary. It also depends on how quickly the courts are able to hear and decide your case. On average, it could take anywhere from several months up to one year or longer before a final decision is reached.

Q: What are some factors that could affect my ability to get 51 Percent Custody?
A: Factors that could affect your ability to be awarded primary physical custody (51 percent) include your relationship with your spouse, any history of abuse or neglect by either party, each parents living arrangements and ability to provide stability for the child, each parents work schedule, any special needs of the child, and more.

In conclusion, getting 51 percent custody of a child is possible but it requires a lot of effort and patience. It involves understanding the laws of your state and working with an experienced family lawyer to make sure your case is presented in the best possible manner. It also requires understanding the child’s needs and interests, making sure that any proposed arrangement is in their best interests. With the right approach, it is possible to get the desired outcome.