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How to Obtain Partial Custody of a Child | LegalMatch Law Library

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What are Partial Custody Laws?

Partial custody laws refer to child custody arrangements where one parent has less custody time with the child than the other parent. These “partial custody arrangements” differ from sole custody and shared custody arrangements, in that one parent is granted the majority of time with the child (known as the "custodial parent"), and the other parent is granted limited custody or visitation rights. Partial custody is typically granted in cases where on parent is unable to assume major responsibilities for the child.

What are Some Steps for Obtaining Partial Custody of a Child?

Typically, partial custody is requested in cases where one parent has full custody, and the non-custodial parent wishes to file for partial custody. In these cases, the court will take into consideration whether a new arrangement is appropriate for the child and their best interests.

The following are a few suggestions and steps toward obtaining partial custody:

  • File a Petition with the Court: partial custody rights are not automatic, and must be requested of and granted by the court.
  • Provide Evidence to the Court: that you are mentally and financially capable of caring for your child. This may include financial statements, proof of employment, witness statements, records of good behavior, and the like.
  • Speak with an Attorney: custody laws vary from state to state, and can be complicated. An experienced attorney can best provide you with guidance to achieve your custody goals.

Non-custodial parents have more of an uphill battle in terms of custody agreements than do custodial parents. However, it is possible to gain the custody you seek, and an attorney can best advise you of your options.

What If There is Already a Child Custody Order in Place?

If you are seeking partial child custody, and there is already a custody order in place, you will need to file for a modification of the custody order. As mentioned, you may need to provide proof of fitness for custody, such as a financial statement and proof of employment. A custody modification may affect other aspects of the arrangement, such as child or spousal support, or wage garnishment. Consult your attorney if these may be of issue.

Do I Need a Lawyer for Help Obtaining Partial Custody?

If you are seeking partial custody, speak with a local child custody lawyer to ensure that you are covering all the bases for your case. There are many steps involved with custody cases, and a qualified attorney will help you get the resolution you are seeking. Not only will your lawyer provide you with legal advice, but they can also represent you in court.

Photo of page author Sarah Tipton

, LegalMatch Legal Writer

Last Modified: 11-22-2017 02:40 PM PST

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