How to File a Child Custody Claim
When parents divorce, one of the first things the custodial parent should do is file a child custody claim. Filing creates a legal record of the parent's right to retain primary custody of the child, which also entitles the custodial parent to file for child support.
Even if you and your former spouse already have a custody plan in place, you should still file a formal custody claim with the family court, no matter how amicable you and your former spouse are now. This will prevent confusion and potential legal problems in the future should your former spouse ever decide to challenge the plan in place.
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Instructions
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Contact the clerk of your county family court. Inform the clerk that you will be filing for child custody and ask what forms you will need. The clerk should provide you with the requisite forms; if not, she will be able to explain where and how to obtain them. You may be required to pick them up from the clerk's office in person.
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Complete the claim forms in full by providing your personal information, your former spouse's information and your minor child's name, date of birth and Social Security number. Mark the option for "primary custody." If you intend to contest your former spouse's claim to visitation rights, mark this option as well.
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Enter your reason(s) for claiming primary custody. If you are claiming child custody simply because you have predominantly served as the child's primary caregiver, then state as such in your answer. Otherwise, you will need to provide reasons and examples why your former spouse is unfit or unable to retain primary custody.
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Locate copies of your marriage certificate, divorce petition, divorce decree (if your divorce has been finalized) and other documents relating to your divorce matter. Also, locate copies of your child's birth certificate, Social Security card, school records and passport. Attach these documents to the back of your child custody claim.
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Make a copy of your completed child custody claim and attached documents. Retain the copies for your personal records.
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File the original child custody claim and attached documents with the clerk of the family court. There will be a nominal filing fee, which typically runs between $50 and $100. You must pay this fee at the time of the filing. The clerk will assign a docket number to your case and provide you with a filed copy of your claim.
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Make notice of filing to your former spouse by sending a copy of the filed child custody claim (including all attachments) to your former spouse's last known address via certified mail with signature delivery. Retain the signed certified mail receipt as proof of delivery.
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Tips & Warnings
Your former spouse will have an opportunity to respond to your child custody claim, usually within 30 to 45 days of your filing. He is similarly required to make notice of filing to you via certified mail, so you should receive a copy of his response and allegations if he does respond.
After filing your child custody claim, the clerk will schedule a hearing date. You and your former spouse must attend. Here, the family court judge will review your custody claim, your former spouse's response and enter an order for child custody based on her decision.
If there is already a child custody order in place, you cannot file a new child custody claim. You will need to file a motion to modify the existing order, instead.
This article is for informational purposes only. This article in no way represents legal advice or counsel. Always contact a licensed attorney in your area before making important legal decisions.
