How to File a Motion Without a Lawyer for a Custody
Every American citizen has the right to represent herself in legal matters without the assistance of an attorney. Though this may not be the right course of action for everyone, some people find themselves in situations where they need to take legal action but cannot afford to hire a lawyer. Family law custody actions are sometimes pursued by parents representing themselves. Though laws and procedures are different in different states, there are general rules to follow when you need to file a motion regarding custody without an attorney.
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Things You'll Need
- Computer with Internet access
- Motion requesting custody or motion to modify custody or petition for divorce
- Child support documents
- Filing fee
- Sheriff's service fee
Instructions
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Determine whether you will ask for custody of a child as part of a divorce petition. If divorcing, you can ask the court for custody in the original petition for divorce that will be filed to open the action. If you are not married, you will file a different type of document--usually called a motion or a request--that asks the court to grant you custody.
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Research custody laws in state where you or your spouse lives. As a general rule, you will need to file for custody in the county and state where the child lives at the time of the filing. Individual state laws will tell you what you need to know regarding venue and procedure. Often, state custody laws will outline the language that needs to be used in a motion for custody.
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See whether your state or county has a self-help website with court forms related to family law. Many states have such a resource that allows parents who are representing themselves to download and use standardized legal forms to ask for custody. Instructions for filling out these forms correctly are almost always included.
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Make an appointment with a local legal aid office if you need help determining which forms to use or if you need help filling out the forms. Legal aid offers free or very reasonably priced legal services to people who cannot afford to retain an attorney.
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Meet with someone at your state's child support office if getting child support from the other party is one of the goals of the custody action you are bringing. These offices will be able to help you determine what amount of child support is reasonable and legally valid. They will also help you prepare any child support worksheets or documents that you will need to file as part of your custody case.
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Prepare or fill out the motion for custody per the instructions required in the state and/or county where you will be filing the paperwork. Most motions for custody contain information concerning the child's current living arrangements as well as information regarding why it would be in the best interest of the child for you to have legal and/or physical custody.
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Sign the documents requesting custody and take the originals and one copy down to the clerk of the county courthouse where family law actions are handled in your particular state. Pay a filing fee to open the case. Prepare a summons, which can be found online or at the clerk's desk, in order to direct the sheriff to serve a copy of your custody action on any other interested party (such as the child's other parent, a foster parent).
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Tips & Warnings
After filing a custody action, a hearing will be scheduled. You will need to attend this hearing prepared to show the court why granting you custody will be in the child's best interest.
Check out your state's laws to get a better understanding of the custody definitions.
Representing yourself in a child custody action should not be taken lightly; if you are confused or make mistakes, you could lose custody of your child. Consult an experienced domestic relations attorney in your state if you have any questions about the law.
References
Resources
- Photo Credit children with father image by Marzanna Syncerz from Fotolia.com
