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How do I get full custody of my children?

Hi, I am fighting custody with my baby’s father and I would like to know what type of documents I need to present in court to win custody.

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Benjamin
Benjamin

679 satisfied customers

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I understand. If you filed for a modification of child custody, you would submit evidence to support that the kids are not in a stable environment that is in their best interest. You would present:

  1. Proof that they live with the grandmother and not the father (to show he is lying).
  2. Proof of their poor performance in school (grade reports, absence records).
  3. Proof that you have been an active and participating parent (bank statements of support, text messages, call logs, etc.).
  4. Proof of communication regarding the injury (texts, emails, etc.).
  5. Any third-party witness statements regarding the father’s treatment of the children—friends, family, neighbors, etc.

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Parenting Plan (Custody Agreement)

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Hi, I am fighting custody with my baby’s father and I would like to know what type of documents I need to present in court to win custody.

Lexi

Lexi, Chatbot

I understand that you're dealing with a custody issue. Can you tell me if there is a current custody agreement in place?

Yes

Lexi

Lexi, Chatbot

Have there been any significant changes in circumstances since the last custody arrangement was made?

Yes

Lexi

Lexi, Chatbot

Is there anything else the family lawyer should know before I connect you? Rest assured they’ll be able to help with your custody case.

Yes

Benjamin

Benjamin

Hello, my name is Benjamin, and I have been a licensed attorney for over 19 years. I look forward to assisting you with your question.

Hi, nice to meet you.

Benjamin

Benjamin

Nice to meet you as well.

Benjamin

Benjamin

Are you asserting that the other parent is unfit—abusive, financially unfit, etc.? What you submit depends on what you would ask the court to consider based on your arguments.

The kids are not educated enough, they are always fighting each other, they complain all the time about it, and they always tell me that the father hits them. Now he is asking for child support even though I was giving him money since 2021.

Benjamin

Benjamin

Has there been any police reports for abuse or Child Protective Services reports? With regards to their education, are they missing school or just not doing well? Regarding paying money, how have you been paying? Do you have receipts or bank statements to prove you paid?

His mother is the one who takes care of the kids. She is almost 70 years old and has a lot of sickness. She’s taking care of three kids.

He told the court that he is paying child care, bus transportation, and a lot of things, even though the kids are in public school and his mother is the one caring for them.

There is no police report or Child Protective Services report. They are not doing well in school either, and I do have bank statements because I always make transfers.

Also, last year we went camping and one of them got burned by a grill. He was playing and running around and got burned. I told him at the same time it happened, and now he is saying that I did not tell him. He is saying many things that are not true, and I am trying to have all the documents I need to prove that I am stable to have them with me.

Benjamin

Benjamin

I understand. If you filed for a modification of child custody, you would submit evidence to support that the kids are not in a stable environment that is in their best interest. You would present:

  1. Proof that they live with the grandmother and not the father (to show he is lying).
  2. Proof of their poor performance in school (grade reports, absence records).
  3. Proof that you have been an active and participating parent (bank statements of support, text messages, call logs, etc.).
  4. Proof of communication regarding the injury (texts, emails, etc.).
  5. Any third-party witness statements regarding the father’s treatment of the children—friends, family, neighbors, etc.

I made a parenting plan through this website. I don’t know if that was a good idea or if the things I put there are okay.

Or if there is any recommendation.

He is doing all of this because I do not allow him to take our oldest son to play football when they are with me. He says he is paying a lot of money for it, but he wants to force me to let my son go to football when it is my time with them.

Benjamin

Benjamin

Yes, if you make a proposed parenting plan, that is very favorable and shows a detailed proposal to the courts. If you can link any of the above documents I recommended to show that living with him is not in their best interest, that will be extremely important. The court will need evidence from both sides and will decide based on the best interests of the children. Showing clearly that living with you is best is the most important.

Can he force me to let my son go to football practice when it is my time to have them and be with them?

Benjamin

Benjamin

Only if it is listed in the child custody agreement. If it is not directed there, then he cannot force you.

When we did the agreement he did not say that there, so it is not there.

Benjamin

Benjamin

Then he cannot force you during your parenting time.

Is there any recommendation for me to win custody?

Benjamin

Benjamin

I provided those above. You can present:

  1. Proof the kids live with the grandmother, not the father.
  2. Proof of poor school performance.
  3. Proof you have been supporting and involved (bank statements, texts, call logs).
  4. Proof you informed him of injuries.
  5. Witness statements on his treatment of the children.

Each case is different, but showing that being with you is in their best interest gives you a strong chance.

Got it. Thank you for your help.

Benjamin

Benjamin

Please let me know if you have any further questions. I believe I have addressed your inquiry, so I will mark it as complete. If you have a new question on a different topic, please submit it separately. Thank you, and please use the service the next time you need legal advice. Have a wonderful day!

Thank you. Have a good rest of your day.

Benjamin

Benjamin

679 satisfied customers

Benjamin
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