Establishing Custody

Because the particular details of family law differ in each state, the procedures and requirements involved in the process of establishing custody vary in different jurisdictions. However, there are a few core concepts that are involved with the establishment of custody in virtually every jurisdiction in the United States. Most importantly, in order to establish custody, you need to demonstrate that you have a legally sanctioned relationship with the child and that you have been materially and emotionally involved as a caretaker throughout most of their life. Mothers and fathers have the right to seek to legally establish custody in every state, although the procedures for disputed paternity claims vary in some jurisdictions. In some states, grandparents and other relatives may also have a right to petition for custody, and in a few jurisdictions, non-relatives who have a longstanding relationship with the child may also have the right to initiate a custody petition.

Fast Facts

  • In some states, legal and physical custody are regarded as the same thing and are awarded simultaneously.
  • The term "presumed father" is used to refer to the person who the mother has named as the father. The presumed father must uphold the responsibilities of parenthood unless he can disprove the claim.

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