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.

Difficulty: Moderate

Instructions

1. 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.

2. Decide if you want to hire the attorney or attempt to handle the case on your own.

3. 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.

4. Talk to friends and family members who have been through custody cases to get an idea of what to expect.

5. 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.

6. 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.

7. 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.

8. Be polite and friendly to the court personnel. They are often very busy and will appreciate your patience.

9. 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.

10. Be certain that you have completed all parts of any necessary paperwork before you turn it in.

Tips & Warnings

• 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.
• 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.
• 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).
• 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.
• 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.
• Because custody cases can be very complex, you should hire an attorney if you want to be certain all of your rights are protected.
• If you do not understand something in the custody papers, ask a court clerk or hire an attorney.

[pointtopoint]

on 6/17/2009 This is a Great Article. Very well written general information! Getting custody of your child is no easy task, but it can be done with patience, attention to details and perseverance.

I have been writing about child custody for a while now too, having been fighting for 13 years, and have some helpful information on my website, http://fathersforcustody.com.

[rebeccas411]

on 5/6/2009 I am a single mom, with almost no money, living basically out of my parent's basement.Not only is my ex fighting me out of the blue for Custody of my 19 mo. old daughter, but my parents also.Both my parents have been verbally abusive and have purgered me in writing to the Courts and Child Protective Service in order to cover their physical and emotional abuse over me, and are also hoping for custody.My mother and father are making false claims, telling other family members lies about me, and also influencing them to say nasty and hurtful things to me about my personal health, and have also taken over Custody and my past Child Support checks.Long story short, I'm broke, have no family support, and am currently jobless.I have been calling all of the government sources on a daily basis and leaving messeges since the beginning of April, and to no avial. The Legal Aid Beaurau refused to t...

[needhelp09]

on 5/5/2009 I am getting a divorce and I would like to move out of state. I am not sure what to do for a move away case. I have 2 children and we have not gone to custody court yet. My soon to be ex is being very difficult. He is constantly using our children to hurt me. He has actually told me I had to come pick up our 9 year old daughter because she missed me. He was angry with her and didn't even tell her bye when I came. I have family in Conn. and would like to move there. Please help.

[najmul]

on 4/5/2009 Please i need legal opinion as to the custody of grandchildren by grandparent in case of death of mother and father of this grandchildren. What procedure should be followed to get custody of this grandchildren?

[mare63]

on 4/1/2009 My husband and I would like to get custody of his 10yr old daughter. We know her home like is not as it should be. My husband thinks that the law only help the mothers and dosn't know how to go about seeking custody. Can anyone help us?