Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer, Get an Answer ASAP!

What is a Child Custody Transfer?

 

A transfer of child custody refers to a deliberate brought about change in the guardianship rights of a parent or a guardian. The decision to transfer custody happens when the guardian, parent, or court decides it is in the best interest of a child/children if the living conditions are not suitable and the needs of the child are not being met properly. In many states, parents and sole legal custodians can grant the transfer without intervention from a court. However, if custody is shared usually legal counsel maybe needed.

How to Transfer Child Custody?

The first step is to make sure that the person receiving custody can provide a good stable living environment for the child. Once the parents or guardians have made a voluntary agreement about the transference of custody rights, they will have to file a petition before the court asking them to grant the custody transfer.

When a child’s custody is transferred from one parent/guardian to another, paperwork will need to be filed with the court. Each state has different custody and visitation papers to fill out during the transfer process.

  • Locate the state paperwork.

Usually the state paperwork for child custody is located under the state family law court websites. If the paperwork is not available online, go to the local family court and ask for the appropriate paperwork.

  • Prepare a proposed custody agreement.

Before transferring custody, you or your attorney will need to prepare a document outlining the details of the custody change. The agreement should list your name and relationship to the child, the child's full name and date of birth and the name and relationship of the person to whom you are transferring custody. After you have created a custody agreement that both you and the new custodian agree upon, both of you will need to sign and date it in the presence of a notary public.

  • Take the paperwork to the family court.

Submit your agreement to the court of the proper jurisdiction. If there is already an open custody case on your child, you will need to file your custody agreement with the court before you may place the child with his new guardian. If the court is not presently involved but your state still mandates judicial approval for custody changes, the court of jurisdiction will be that of the child's home state

  • Attend the hearing on your case.

After you have submitted your proposed custody agreement to the court, the clerk will assign you a hearing date. At your hearing, you will have the opportunity to discuss your reasons for relinquishing custody of the child. The court will then assess the fitness of your chosen guardian. If the judge agrees to your custody plan, she will enter an order formally removing the child from your custody. The court will make a careful examination of the circumstances being offered to the child and his best interest.

There are many reasons a person or family may want to transfer custody of a child. Making sure you have the right resources and information can make the transition easier to deal with. 

Please type your question in the field below

3 verified Family Lawyers are online now

Family Lawyers on JustAnswer are verified through an extensive 8-step process including screening of licenses, certifications, education and/or employment. Learn more

Online
Ely

Counselor at Law

Juris Doctor

★★★★★
11842 positive reviews
Online
LawTalk

Attorney and Counselor at Law

Juris Doctor

★★★★★
9025 positive reviews
Online
Dimitry K., Esq.

Attorney

Doctoral Degree

★★★★★
7856 positive reviews
See all Family Lawyers
JustAnswer in the news:
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
Web sites like justanswer.com/legal
...leave nothing to chance.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.