How do I get custody of my children?

When it comes to family matters, it is important to know that any process, be it divorce, custody, maintenance, or separation of assets, has to be carried out through family court.

It is important to determine the family situation and the specific relationship in each case in order to begin the indicated process.

Normally the custody of minors is defined during the divorce process or in the absence of any marital relationship; under a process known as SAPCR (Suit Affecting Parent-Child Relationship).

Regardless of the relationship, there must be a final or temporary order signed by the judge for these agreements to be enforceable in court or with the police in the event that one of the parties is not fulfilling their end of the bargain. In the absence of a signed order, there is a risk that one of the parties will default and there is no immediate mechanism to remedy this action.

Custody battles tend to be complex and courts can take many aspects into account when making a decision. For example:

  • The child’s current and future physical and emotional needs.
  • Any actual or potential physical or emotional danger.
  • The ability or aptitude of each parent to adequately “raise” the child.
  • Parental criminal record or substance addiction record
  • Each parent’s respective “plans” for the minor.
  • The stability of each home.
  • Expressed wishes of the minor.

Whatever your situation, it is something that should not happen alone. Remember that immigration status does not play a role in family cases. Once custody orders are signed, they are difficult to modify or change – don’t wait until it is too late.

Contact us today to learn more about how we can help you. The consultation is completely free.