How can I obtain child custody of my daughter? 28 Answers as of October 19, 2011

You say your ex-wife has custody. This implies that there is a divorce decree giving her custody. You need to go back to that court (it it's in Nevada) and ask for a change of custody. If the court is not in Nevada, you can still seek custody in a Nevada court if the children have resided here for at least six months. If the children are not in Nevada, you need to act in a court where they live. The central point is that you need to seek a modification of the current decree awarding her custody. The decree did not award custody to her family but to her, and if she is in jail she is not exercising custody. The court will determine what course of action is "in the best interests of the children" and decide accordingly.

It would probably be in your best interest to speak with an attorney, since the full extent of your options and rights depends on the full explanation of events that led up to your current situation. You may simply need to file a request for change of custody; but there may also be more involved.

You don't children should be insulated from adult issues. If it must be discussed with the children, it is an issue you should take up with a child psychologist in conjunction with the other parent. To acquire custody, you must file a Motion to modify custody.

File a custody petition with Family Court.

File an Order to Show Cause in your Divorce Case seeking custody of your daughter, and in fact, all of your minor children. You have superior rights to the people who have your minor children.

You need to file a petition for custody. The judge will look into what is in the best interest of the child. Depending on the age of the child, he may also take into consideration the testimony and desires of the minor child.

File a petition. I know you want to know how to win so that you don't hire a lawyer and waste that money, but there is no simple answer to that question. You can certainly help yourself by going and getting your daughter if you have any custody papers whatsoever, you have a superior right to that of the cousin. Also, get copies of police reports (open records request) and find out who are witnesses to the events that put the ex in jail. Print out her bond/face sheet from the county sheriff if possible and go hire a lawyer sooner rather than later.

There are a number of statutory factors a court must consider to determine whether a change of custody is in the best interest of the child. Before you get to that part, you must establish that there exists either a substantial change of circumstances or good cause, since the entry of the last custody order, to warrant the court to consider whether a change of custody should even be considered.

You need to file a motion asap. You may want to file it as an emergency motion given the situation of her being in jail and not with you - the other parent.

You should probably file an action to modify or for custody. Unless someone else is the guardian you have the legal right to the child now.