How to Start a Child Custody Case by Filing for Custody
Filing for custody of a child can be a complicated and difficult process. Hiring a lawyer may be the best option, but you can choose to represent yourself in court. Court personnel can provide you with the proper forms, the fees, deadlines and any other requirements, but don't expect them to guide you through the process. Judges are unlikely to be lenient if you are unprepared in court. Laws vary from state to state, so be sure to check out the specific laws for your area before beginning.
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Things You'll Need
- Resources about custody laws in your area
- Information about the family court in your area
Instructions
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Meet with an attorney. Whether you decide to hire a lawyer or not, go for an initial consultation with a family law attorney. A lawyer can help you decide which type of custody will suit your needs, and also give you an idea of the likely outcome of your case and the amount of time it will take. If you do hire an attorney, she will walk you through the process, and most of the following steps will be completed on your behalf.
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If you decide to proceed on your own, research the laws and legal requirements for filing for child custody in your state. The basic information is usually very similar, but different localities have different forms and different filing requirements. If the child is living in another state, you may have to file there, though there are exceptions.
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Decide what you want. What type of custody are you seeking, and what visitation schedule are you offering the other party? Knowing what you want is important. Research the different types of custody, and familiarize yourself with basic custody types and terms (joint, sole, legal and physical custody).
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Write up your proposed custody arrangement. You may not need to submit this with your filing paperwork, but having it complete and ready to turn in will help you be prepared.
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Complete and file your paperwork, following the directions for your local family court. In most cases, you will need to file your paperwork in person, but some locales allow you to mail your forms in. When you file your paperwork, you may have to pay a fee. If you can't afford the filing fee, you can request that they be waived, but this may delay your case until the waiver is approved.
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Tips & Warnings
Check your local courthouse for information about filing for custody in your area. Many times the court will have a library or other resources for you to use.
Don't get frustrated or discouraged during your custody case -- just take things step by step and have confidence they'll work out.
Don't get frustrated or discouraged during your custody case--just take things step by step and have confidence they'll work out.
References
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