How do I begin a custody case with my ex when we have never had any court case before just verbal agreements?

Get Legal Help Today

 Secured with SHA-256 Encryption

How do I begin a custody case with my ex when we have never had any court case before just verbal agreements?

My ex and I do not have a formal custody agreement of our 9 year old but she has lived with him the last 3 years. I recently found out that he has moved out of the home and left her to live with his ex-wife. Can I just get her without there being any legal issues? Then how do I get formal custody of her?

Asked on April 15, 2012 under Family Law, Georgia

Answers:

Maury Beaulier / Minnesota Lawyers.com

Answered 9 years ago | Contributor

A review of your case would be necessary.  However, agreements that are not tmemorialized as a court order are not binding or enforceable.  They can be used in court to argue what schedule may be in the child's best interets. 
 
If no custody order has previously been entered, Courts make custody determinations based on what the court believes is in the child's best interests.  In most cases, the court will award primary physical custody to one parent while the other will have a parenting schedule.  The court will consider any relevant facts in making a custody determination including 13 specific factors outlined in Minnesota Statutes. Your case should be carefully framed to address  each of the relevant statutory factors to be effective.  
 

Madan Ahluwalia / Ahluwalia Law P. C.

Answered 9 years ago | Contributor

Formal custody = Formal legal process

 

You have to file the requisite paperwork with proper court of law in the court.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption