Regaining Child Custody Steps

Summary

If you signed over guardianship during a CPS case and wish to regain custody, consider filing a motion in court. While not mandatory, completing a parenting program can demonstrate your commitment to the court. Gather evidence of improved parenting and compliance with court orders. You can represent yourself, known as pro se, but consulting a family law attorney is advisable. Obtain necessary forms from your local family court, complete them, and file with the court clerk. Serve papers to involved parties. Research local court rules, organize evidence, and practice your presentation. Consider free online resources like Child Welfare Information Gateway and Parent Education Resources to support your case.

Full Conversation

Nikki
Hi Nikki! Could you please tell me a bit more about your legal issue and your location? This will help me provide you with the most relevant information.
I signed legal guardianship of my children to my father during a CPS case because that's what the recommended well now my father is breaking the judges orders by letting the father have unsupervised visitation but he makes me have supervised visitation when the judge ordered for mother and father to have supervised visitation and I'm about to file a motion with the court to get my custody rights back is there any free online program I can take it make it easier for me or so I can show them that ive improved on my parenting and am serious about getting my children back or do i even have to do that at all
Nikki, you may not be required to take a parenting program, but it can be beneficial in showing the court your commitment. Here are some free online programs:
- Child Welfare Information Gateway: www.childwelfare.gov
- Parent Education Resources: www.parenting.org
Have you consulted with a family law attorney about filing your motion?
Not yet I'm wanting to have everything took care of so it's not being prolonged
Nikki, it sounds like you're taking proactive steps. While consulting a family law attorney can streamline the process, it’s good to be prepared. Besides the online programs, consider gathering evidence of your improved parenting and any compliance with court orders.
Would you like more information on how to file the motion yourself?
Yes please
To file a motion for custody yourself:
- Obtain the necessary forms from your local family court or their website.
- Complete the forms, detailing why you believe custody should be changed.
- Attach evidence of your improved parenting.
- File the forms with the court clerk and pay any filing fees.
- Serve the papers to all involved parties.
Would you like more detail on any of these steps?
Can I self represent myself?
Yes, you can represent yourself in court, which is known as "pro se" representation. However, it's important to be well-prepared. Since you are dealing with a custody case, it might be beneficial to consult a family law attorney for guidance, even if you ultimately decide to represent yourself.
Would you like more details on how to proceed with self-representation in your area?
Yes
Nikki, representing yourself in a custody case can be challenging but is possible. Here are some steps specific to self-representation:
- Research your local family court rules and procedures.
- Gather and organize all your evidence.
- Practice presenting your case clearly and concisely in court.
Would you like detailed steps on preparing your case or information on local resources that can assist you?
Yes
Nikki, here are some detailed steps for preparing your custody case:
- Research Court Rules: Understand the specific rules and procedures of your local family court.
- Gather Evidence: Collect documentation showing your improved parenting, compliance with court orders, and any positive changes.
- Organize Documents: Keep all your documents well-organized and accessible.
- Practice Your Presentation: Rehearse how you will present your case in court to ensure clarity and conciseness.
Would you like information on any local resources that could assist you with self-representation?
No thank you everything you have provided is enough
Nikki, it seems like you're well-prepared and determined to regain custody of your children. Best of luck with your case! If you have any more questions in the future, feel free to reach out.
Thanks again
Nikki, it sounds like you have a strong case and are on the right track to regaining custody of your children. Best of luck with everything! If you need any further assistance or have more questions, feel free to reach out.