How to File for Child Custody Without an Attorney
Determine if you have the need to open a family law case., Fill out the required court forms., Review your forms., File your forms., Serve the other party., File your proof of service.
Step-by-Step Guide
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Step 1: Determine if you have the need to open a family law case.
In order to request a hearing for custody, you must first open a family law case with the appropriate court in your state.
Parents can start a family law case and petition for custody if:
They are married to each other and do not wish to get a divorce but they want a court order for custody; They are not married and they want a court order for custody; They are not married but have an adopted child and now want a court order for custody; or The parents have been determined to be the child in a juvenile case and now they wish to get a court order regarding custody. -
Step 2: Fill out the required court forms.
If you have decided that opening a family law case is right for you, you will have to retrieve the required court forms and fill them out.In California, these forms can be found online here.
Most states should have the required forms online, but if they do not, you can always go to your local courthouse where you plan on filing the case and ask the clerk of courts for assistance.
In most states, you will be required to fill out the following forms:
The Petition for Custody and Support of Minor Children.
This form will ask for general information including your name and contact information, the other parent's name and contact information, and the name and address of the court you will be filing in.In addition, the Petition will ask you to verify that you fit within one of the required categories in order to open a family law case.You will then list the children who are the subject of this case and you will check a box or explain that you are filing for the purpose of determining custody.Summons.
The summons is a document you will attach to your petition and it informs the other parent that they are being sued.The summons includes important information about responding to the family law case you are about to file.You do not need to fill out any information on the summons, all you need to do is attach a copy to your other documents.
Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act.
In this document, you will fill in information about the children who are the subject of the case you are filing, including where they have lived over the past five years, if they have ever been the subject of another case, and if there are any orders in effect that involve the children at issue., Once you have filled out the three required forms to start a family law case, you will want to review them carefully.
These forms are going to be the basis of a lawsuit, so you want to make sure they have been filled out accurately and completely.
Because you will not have the help of an attorney, consider using some of the free legal resources available to you.
For example, in California, you can contact a family law facilitator or a self-help center for assistance with these forms.If you are in California, use this link and this link for more information about those resources. , Once your forms have been reviewed and you have determined they are ready to file, you will want to go to your local courthouse to file them.
At the courthouse, file your forms with the clerk of courts.The clerk of courts will take possession of your forms and will require you to pay a filing fee.Fees will differ from state to state, and even county to county.
If you cannot afford the fee, you can always ask for a fee waiver.In order to receive a fee waiver, you will need to show some sort of financial hardship.For example, you could show that you are receiving public benefits or that you do not have enough income to provide for basic necessities and pay the filing fee., When you serve the other party, you will hire someone (the sheriff or another competent adult) to give a copy of your filed documents to the other party to look over and respond to.
To serve the other party, the person you hire must provide the required documents to them, either in person or through the mail.If you are serving someone through the mail, it must be sent by certified mail.
In Pennsylvania, this process must be completed within 30 days of filing your documents with the court.In some states (e.g., Michigan), your answer must also be served on the other party at least five days before the hearing if you provided service through the mail, and at least three days before the hearing if you have the other party served personally.For more information about serving another party, look here.
In addition to serving the other party with the documents you filed with the court, you will also serve the other party with a blank response form and a blank Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act.These documents will be used by the other party in order to respond to your filed lawsuit. , Once you have served the other party, the server will file a Proof of Service of Summons with the court.In California, you can find that form here. -
Step 3: Review your forms.
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Step 4: File your forms.
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Step 5: Serve the other party.
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Step 6: File your proof of service.
Detailed Guide
In order to request a hearing for custody, you must first open a family law case with the appropriate court in your state.
Parents can start a family law case and petition for custody if:
They are married to each other and do not wish to get a divorce but they want a court order for custody; They are not married and they want a court order for custody; They are not married but have an adopted child and now want a court order for custody; or The parents have been determined to be the child in a juvenile case and now they wish to get a court order regarding custody.
If you have decided that opening a family law case is right for you, you will have to retrieve the required court forms and fill them out.In California, these forms can be found online here.
Most states should have the required forms online, but if they do not, you can always go to your local courthouse where you plan on filing the case and ask the clerk of courts for assistance.
In most states, you will be required to fill out the following forms:
The Petition for Custody and Support of Minor Children.
This form will ask for general information including your name and contact information, the other parent's name and contact information, and the name and address of the court you will be filing in.In addition, the Petition will ask you to verify that you fit within one of the required categories in order to open a family law case.You will then list the children who are the subject of this case and you will check a box or explain that you are filing for the purpose of determining custody.Summons.
The summons is a document you will attach to your petition and it informs the other parent that they are being sued.The summons includes important information about responding to the family law case you are about to file.You do not need to fill out any information on the summons, all you need to do is attach a copy to your other documents.
Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act.
In this document, you will fill in information about the children who are the subject of the case you are filing, including where they have lived over the past five years, if they have ever been the subject of another case, and if there are any orders in effect that involve the children at issue., Once you have filled out the three required forms to start a family law case, you will want to review them carefully.
These forms are going to be the basis of a lawsuit, so you want to make sure they have been filled out accurately and completely.
Because you will not have the help of an attorney, consider using some of the free legal resources available to you.
For example, in California, you can contact a family law facilitator or a self-help center for assistance with these forms.If you are in California, use this link and this link for more information about those resources. , Once your forms have been reviewed and you have determined they are ready to file, you will want to go to your local courthouse to file them.
At the courthouse, file your forms with the clerk of courts.The clerk of courts will take possession of your forms and will require you to pay a filing fee.Fees will differ from state to state, and even county to county.
If you cannot afford the fee, you can always ask for a fee waiver.In order to receive a fee waiver, you will need to show some sort of financial hardship.For example, you could show that you are receiving public benefits or that you do not have enough income to provide for basic necessities and pay the filing fee., When you serve the other party, you will hire someone (the sheriff or another competent adult) to give a copy of your filed documents to the other party to look over and respond to.
To serve the other party, the person you hire must provide the required documents to them, either in person or through the mail.If you are serving someone through the mail, it must be sent by certified mail.
In Pennsylvania, this process must be completed within 30 days of filing your documents with the court.In some states (e.g., Michigan), your answer must also be served on the other party at least five days before the hearing if you provided service through the mail, and at least three days before the hearing if you have the other party served personally.For more information about serving another party, look here.
In addition to serving the other party with the documents you filed with the court, you will also serve the other party with a blank response form and a blank Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act.These documents will be used by the other party in order to respond to your filed lawsuit. , Once you have served the other party, the server will file a Proof of Service of Summons with the court.In California, you can find that form here.
About the Author
James Ferguson
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