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Your Child Custody Case
While every family and every child custody case is unique, and will need to be decided based on its own merits, most cases follow a similar format. State laws vary so always research the procedures and rules of your local court before starting a case.
First, one parent will need to decide to file for child custody. You may seek custody for a variety of reasons, the most common of which are divorce and separation. If you are the parent filing for custody, you will need to decide what type of custody you wish (sole, joint, legal, and physical, or a combination).
You will need to decide if you need an attorney. In most cases, an attorney is strongly recommended. If you are able to come to terms with your former spouse amicably, you may be able to file on your own, but proceed with extreme caution. If you hire an attorney, they will handle many of the following items for you.
To begin your case, you will need to file the correct child custody papers in your local family court. Make sure you fill the forms out completely and accurately, and file them following the directions exactly. If there is an error or omission, the papers will be returned to you by the court.
You will need to pay a filing fee if you submit your child custody papers on your own. This fee varies based on location, so call and ask, or visit the family court website in advance, so you will know what to expect. Once your custody papers have been filed, you will be assigned a court date and all relevant parties will be notified.
While you wait for your actual court appearance, you should work on a proposed custody arrangement. You can use a software program to create a professional, easy to read custody calendar, and submit it to the court. You are much more likely to get what you want if you submit a written plan.
Prior to your court date, attempt to work out an agreement with your former spouse. Any agreement you decide on will still have to be approved by the court, but if you can decide together in advance, you will be more likely to get an agreement you both can live with. If you can't come to an agreement, the court may require you to try mediation prior to hearing your case.
If you have been unable to work out an agreement with your ex, you will need to appear in family court. If you have not hired an attorney yet, you should consider using one for your appearance. You will need to testify, and can also present evidence and witnesses to testify on your behalf.
The family court judge will hear your case and make a decision. The primary tool used in the decision making process is the "best interest" of the child or children involved.
Once the judge renders his or her decision, you will receive your child custody orders. This is a legal document representing your custody arrangements, and can't be modified without another court appearance.
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