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AttorneyTom, Lawyer
Category: Family Law
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Experience:  Attorney
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i am a father to a child(daughter), the mother and i have not

Customer Question

i am a father to a child(daughter), the mother and i have not filed paperwork against either as far as custody or child support, the mother has had cps called on her twice in the past year and one of the allegations was the babysitter whom lives in the residence was inappropriately touching the children, the babysitter still resides at the home , how do i go about getting sole custody of my daughter and what do i need in order to do it?
Submitted: 4 years ago.
Category: Family Law
Expert:  AttorneyTom replied 4 years ago.
Hello! Thank you for bringing your question to JustAnswer! I'm T-USA and I'll be happy to provide some valuable information!

I've spent the last several minutes reviewing and researching your question. As you review this answer, please keep in mind that I only get credit for answering your question if you click Accept, so I'd be grateful if you'd do so. You'll still be able to ask follow-up questions using the Reply feature.

I'm very sorry to hear about the situation! I can only imagine how terrifying that must be!

If a parent wishes to establish a custody order, the parent must file a petition at the Clerk of Court's Office. Forms should be available for that purpose. The court will then look at the best interests of the children involved and make a decision according to those interests. Courts evaluate everything relevant to the best interests of the child, but they focus heavily on safety issues and safety issues will often take priority. Evidence of abuse often has an extreme influence on courts' decisions, as judges realize that the safety of the children must generally be the primary concern.

Further, if a parent has a reason to believe that his children are being exposed to possible abuse in the other parent's home, that can provide a basis to petition for emergency temporary custody which can achieve faster results.

It's important to retain an attorney for such a matter, as very few people are able to represent themselves adequately due to the complexity of the law and legal procedures. While it's not possible for me to provide direct referrals in this forum, I can provide you with some great resources that you can use to locate an attorney. It's important to remember that each attorney sets his/her own prices and each attorney decides which clients to accept and which clients not to accept, meaning that an individual may have to look around a little bit to locate an attorney. and Martindale are great resources. Both of these sites permit you to search for an attorney based on the attorney's field(s) of practice and geographic region. Further, the sites often provide additional information, including links to participating attorneys' websites and, in some cases, reviews of the attorneys. This information can help you to evaluate your potential selections.

Local Legal Clinics are often available for individuals who cannot afford to retain counsel on their own. These clinics provide free/discount services to those in need.

Local Lawyer Referral Services are also helpful, as they can direct you to attorneys in your region based on practice area.

Local Legal Clinics:
Local Lawyer Referral Services:

I know that this answer may not be entirely what you wanted to hear. However, it's the honest truth and I know you want a truthful answer above all. I don't get any credit for my time and effort spent answering your question unless you click Accept.

Please use Reply to let me know if you have any other questions!

Thank you again for coming to JustAnswer!

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