How to
File
for Child Custody
Filing for custody usually involves filling out forms that you can obtain at your local family court. Court personnel can help you complete and file them.
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Steps:
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1.
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Contact an attorney who is experienced in family law. Get basic information about costs, possible results and how he or she would handle the case. |
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2.
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Decide if you want to hire the attorney or attempt to handle the case on your own.
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3.
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Look for a book about your state's requirements for custody. Sourcebooks and Nolo Press publish state-specific books. Check Findlaw.com for information about your state's custody laws.
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4.
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Talk to friends and family members who have been through custody cases to get an idea of what to expect. |
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5.
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Find the court in your county that handles custody cases. Often this is called family court. Look in the government guide in your phone book for this information. If you don't know which court to call, call the county clerk's office or the mayor's office and ask which court hears custody cases.
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6.
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Call the court and ask what you need to do to file a custody petition. Often court clerks will be able to give you a form and help you fill it out. You will probably have to go to the court to do this.
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7.
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Take important information with you when you go to fill out the papers. You may need dates of birth, addresses, work addresses and social security numbers for you, your child and the other parent.
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8.
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Be polite and friendly to the court personnel. They are often very busy and will appreciate your patience.
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9.
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Do not be afraid to ask questions. Ask what form to use, how to fill it out, if you are responsible for getting a copy to the other parent, when your court date will be, if there is a fee for filing, if you qualify for a free attorney, if you can take the form home and fill it out there, and if there is anything else you need to do.
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10.
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Be certain that you have completed all parts of any necessary paperwork before you turn it in.
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Tips:
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1.
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Some attorneys may be willing to meet with you for an hour or two to explain the law and tell you how to file papers on your own. This is a less expensive alternative to having the attorney file the papers for you.
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2.
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Be very clear about what you want and why when you fill out
the papers. If you want sole custody, say so in the papers.
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3.
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If you are filing the papers you will be the "plaintiff" or the "petitioner" and the other parent is the "defendant" or "respondent" (depending on your state).
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4.
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Even if you file the papers without an attorney, you have a constitutional right to have an attorney and you can decide to get one at any time during the case. |
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5.
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If there is a filing fee, the court may not accept personal
checks. Call ahead to ask if there is a fee and what type of payment
is accepted.
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Warnings:
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1.
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Because custody cases can be very complex, you should hire an attorney if you want to be certain all of your rights are protected.
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2.
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If you do not understand something in the custody papers, ask a court clerk or hire an attorney.
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Other
Miscellaneous
Information
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