How to Petition for Child Custody

Petition for custody of your children.

Filing for custody of a child is one way to ensure that you are the legal guardian and caregiver for the child. Each state has different child custody laws, so it is important to file the paperwork correctly and consult with law books and lawyers. Court clerks can answer questions about the documents you will need to file for custody, but they are not allowed to give you legal advice. Some lawyers will give you a free consultation, while others will charge you. There are low-cost probate lawyers in almost every state.

Things You'll Need

• Petition for child custody

Instructions

1. 

   Go to your local family court house.

   Go to your local family court so that you can get the paperwork you will need to file a petition for child custody. If you do not know where your local family court is, call the local county clerk for the location. Collect the petition forms you need. This will include a petition for custody of a minor child and may include an income and expense declaration, and a financial statement. The names of the forms are a little different in each state. Check with the clerks at the family court to make sure you have all the correct forms. You may also download the forms from the state court website.

2. 

   Bring the paperwork home and fill it out.

   Bring the paperwork home and read it carefully. Fill out the forms in blue or black ink so that the courts can read it easier. Make sure to fill in the top section of each paper, because this will let the clerks know that the forms belong to you if they get separated. You will need information such as the date of birth, parental names, and the social security numbers of each child.

3. File the petition for child custody paperwork with your family court. Make sure to have the proper fees with you to pay for the filing fee.

4. Ask the court clerks if you have to serve the other party with the paperwork. If you do, have a sheriff serve the court documents or serve the other party via certified mail. Both of these ways to serve the other party leaves a paperwork trail so that the courts know you served the other party involved.

5. Keep a copy of everything you filed for your records. When the court sends you the hearing date attend the hearing. Be honest and state your reasons for wanting custody to the judge. The judge will make a final decision regarding your case.

Tips & Warnings

• Consult with lawyers. You may want to hire a lawyer to help you with your case.

• Child custody can be a hard battle. Arm yourself with current information from your local library.

• Child custody cases can take a long time, especially if the other parent contests the case.

• Bring any information you may have to support your case to court when the hearing occurs.

• Have two copies of all your personal documentation in case the court needs a copy. This way you will have a copy for your files.

References

• Maryland Judiciary: Domestic Relations forms
• Free Colorado Divorce forms: Colorado Child Support and Parenting Planning Tools and Colorado Court Forms
• Virginia's Judicial Systems: Juvenile and Domestic relations District Court Forms
• Massachusetts Trial Court Law Libraries: Legal Forms Available on the Web
• California Courts: Self Help Center: Families and Children: Custody and Visitation: Forms and Instructions.