How do I get custody or become the custodial parent to my son if his mother has a drug problem?

She has not seen the child in weeks. What’s the first step in filing? Who do I need to see first?

Asked on June 18, 2015 under Family Law, Arkansas


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You should file with the court an Order To Show Cause (court form) to schedule a hearing on your petition to obtain physical and legal custody of your son.  You should also attach a declaration signed under penalty of perjury stating the facts in support of your argument for obtaining legal and physical custody of your son.  You should also attach a proof of service to the documents confirming that a copy of the documents were mailed to your ex.

It would be advisable to check with the court clerk regarding all the documents the court requires to be filed in this matter as the required documents may vary from state to state.

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