How to Contest Child Custody

Child custody refers to the type of relationship between a parent and child that is governed by the courts.  It is usually decided upon after a break-up or divorce and specifies which party is legally responsible for the raising and making decisions for a minor child.  Typically, a judge takes many different factors into account before making an informed decision regarding custody but in many cases circumstances change and the arrangement may be contested.   

1. Establish legitimate reasons for contesting the current custody arrangement.  The specific criteria is different from state to state but typically valid grounds include authentic claims of child abuse or neglect as well as the parent's drug use, acts of domestic violence or other forms of criminal activity.


2. Gather together as much evidence as you can such as photographs, emails, text messages and other documents.  Locate any babysitters, teachers or physicians that can corroborate your claims and ask them to provide written statements. 


3. Contact your family court representative, inform them of your findings and require a Petition to Modify Child Custody form.  If you are worried for your child's immediate safety, alert the police right away, who will remove the child from his or her custodial parent and investigate your claims.  You should refrain from removing your son or daughter yourself, as this will end up hindering your custody case and likely land you in jail.


4. Visit the court clerk and request a copy of Primary Custody Order.  Make a copy of it and keep it with your personal records.


5. Fill out the Petition to Modify Child Custody form and make sure the original custody case's docket number is on it.  On the form, give your reasons for contesting the original agreement.  Be sure to mention your evidence and whether or not you contacted the police.


6. Attach copies of your photographs, emails and other physical evidence to the forms.  Be sure to include copies of your witness statements as well.  


7. File the motion with Family Court, who will schedule a date for review hearing.


8. Serve the custodial parent with a copy of the motion through either a courier or certified mail.


9. Attend your review hearing.  Make sure you bring with you the copies of everything you included in the Child Custody petition as well as any other documents you feel will help your case.  Present your reasons for seeking custody to the judge.  If he or she sides in your favor, you will be granted physical custody of your child immediately.  If not, you will be able to appeal the ruling again.