Obtaining custody of your child starts before you file a motion with your local court. Typically, a child custody judge doesn't automatically grant custody to the mother just because you are the mother. Instead, the judge considers what's in the best interest of a child when determining child custody cases. Thus, just telling the judge presiding over your case that you're the better because you're the mother isn't enough. To prove to the judge presiding over your case that you are the better parent, you must have evidence.
Understand the different types of child custody. Physical custody involves a child living with you. Legal custody consists of having the right to make decisions about your child's upbringing such as school enrollment and medical procedures. Sole custody entails one parent having custody over a child. Joint custody involves sharing custody of a child.
Keep detailed records. Your records typically include your child daily's activities and the type of outings you attend such as musicals and parent-teacher meetings.
File a complaint with local family county court. Filing a complaint, also called a pleading, starts the process of obtaining child custody. In the complaint, you specify the type of child custody you want.
You can request different types of custody arrangements. For example, you can request sole physical child custody, but share legal custody.