What do I do to get residential custody of my child?

You need to file a motion to modify custody in the District Court where the legal order was first issued (paternity or divorce case). Most civil clerk's offices have a packet you can complete and get a hearing date without an attorney though an attorney's assistance is often quite helpful.

To get the ball rolling you need to file a Motion to Modify. If there has been any issues of violence in front of the child, or an unsafe environment, you can get the State involved. I usually don't recommend doing this as they will oftentimes investigate you as well. However, if there are significant issues that are affecting your son's safety and well-being, you should probably consult with a local attorney regarding some type of emergency hearing.

First it depends on whether there are any current court orders. If there are no orders, then you will need to file for divorce (if married to the mom still) or for a paternity action, which is the type of action to obtain custody orders for children of unmarried couples. If there are already court orders in place, then a motion to modify those orders needs to be filed with the court. I would strongly recommend that you consult with a family law attorney about these issues. Contested custody matters can be ugly and complex, especially if rises to the level of involving a guardian ad litem, court services, or SRS. Also, the proof you have of domestic violence, etc., is evidence that must make it into the record, and there are special rules of evidence that must be adhered to in order to have the judge be able to consider the evidence you have when making a determination regarding custody. Again, consult with an attorney on this matter. Also, if the domestic violence you are referring to is being commited against the child, you can call SRS and hotline the matter child abuse.