Victoria S. Linder Law Office
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How do I request custody of my child?

Whether a parent wishes to seek legal custody of a child due to divorce, domestic abuse or legal separation, several steps must be taken before the order can be made. The first step is to open a family law case that can be done by either a parent or other authority and sets the stage for a custody order.

As with any petition, there are certain forms that must be submitted to the courts prior to an order being made. It is always in the best interest of petitioning parents to seek legal advice from a trusted attorney when petitioning the court for child custody. Once the forms have been completed and looked over by an attorney, the petitioning parents may file them with the family court.

The family court will likely schedule an appointment for mediation between the parents and any other necessary authorities. Parents may be required to meet with a court-appointed mediator prior to the first mediation. This meeting may be an informal one and used solely for the purpose of gaining additional information. The parent filing a petition for child custody must have the other parent served with papers regarding the petition at least 16 days before the scheduled court date. A law enforcement officer or other legal authority can serve papers on a parent's behalf.

The petitioning parent will be required to attend the mediation after which an arranged custody order may be submitted to the family court for approval. If the request for custody goes without contest, the judge may choose to sign an order awarding custody to the petitioning parent. Although this process may seem standard, child custody cases are typically more difficult. For parents wishing to request custody of their child, speaking to an attorney may help.

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Minutes From Downtown Sacramento

Our office is conveniently located off Highway 50, just three miles from the Sacramento County Family Courthouse and minutes from Downtown Sacramento. For your convenience, we accept all major credit cards.

Victoria S. Linder Law Office
5303 Folsom Boulevard
Sacramento, CA 95819

Phone: 916-905-4805
Fax: 916-498-0127
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