Child Custody Battle

If you are filing for child custody you might be a bit intimidated by the uncertainty of how to fill out the child custody forms. This is natural. Chances are you may have never had to deal with the legal system before and certainly not concerning something as important as the custody of your children.

One way of getting over this stress is to know what you are getting into. That’s what this article is about, a brief overview of the legal system in regards to filing for child custody. Knowledge is power and knowledge can also help dispel the fears you may have as you prepare to file your child custody forms. This article will help to give you an idea what to expect when you file for custody. It is a good overview but remember, each state is different, so you might encounter something that this article doesn’t cover.

For more detailed, state specific information on filing for child custody, I suggest that you check out the Child Custody Site. This information is not given as a replacement for an attorney. Each case is unique and an attorney may be able to best advise you concerning your specific case.

Filing Child Custody Forms

Let’s get started with some basic legal terms. The first is “petition”. When you start you custody preceding you will file a petition with the court. A petition is a written request to the court for some type of action. In this case you will be asking for certain custody arrangements. Filing for child custody is filing a petition with the court.

You file a petition with the clerk of the court by presenting them with your court documents. When you do this, you become the “petitioner” and will remain the petitioner throughout the proceeding. The clerk will assign a case number to your petition. There is often a filing fee when you file your papers with the clerk so you might want to call ahead.

After you file the papers with the clerk you will need to provide a copy of the papers to the other party involved. The other party is called the respondent because the are expected to respond to the child custody petition that you filed.

The process of providing the respondent a copy of the filing is called “service”. You are serving them notice that you have filed a legal action to which they are a party. You are filing for custody of your children.

You can serve the papers in several different ways and may want to check with the clerk of the court as to what is acceptable. In many states it is acceptable to serve paper by certified mail which gives proof that the papers were delivered. Another option is to have the sheriff’s department serve the papers. Once more check with the clerk – they can be your best friends and are a great help so treat them right.

No matter how you serve the filing, you will need to fill out forms that prove you served the papers and when. This is called a “certificate of service” which you can get from the clerk. It is important to know that unless proper service has been made the court can not proceed in the case.

After you have served the petitioner with your filing, they have a specific amount of time to respond. This may vary in your state but in Florida it is 20 days. If they do not respond, then you can file a ‘Motion for Default”. This basically means that you can proceed without the other party and get a final hearing where the judge will decide your case even if the other party does not participate.

If the other party responds to the child custody forms you filed this is called an “Answer”. In their answer they may make a “Counter Petition” which would be their idea of what should happen. If you receive a counter petition you will need to file an “Answer to Counter Petition”.

Your state may also require a “Mandatory Disclosure”. This must usually be done within a specific timeframe so make sure that you ask the clerk for the forms and when they must be filed. The disclosure forms often deals with the financial situation of both parties. Failing to file tis may result in the court not hearing your case.

When you file for child custody you may also be required to submit a parenting plan. If you and the other parent can agree on the terms of custody and visitation the court may approve it rather quickly. If you can not agree then the court will decide the parenting plan for you. The parenting plan covers such things as the time sharing schedule, education, healthcare and other major issues.

After you have filed your petition, gotten a response, etc it is time to set a hearing. Ask the clerk of the court what forms and guidelines you need to follow to get a court case. I want to stress again how helpful clerks can be – please treat them with respect.

This is just a very brief description of what you might encounter as you file for child custody. It is meant to help remove some of the fears of the unknown that you may have. It is not intended as legal advice. If you need more detailed information about laws and procedures in your state check out The Custody Center. It is written by two of the top experts in the child custody field and you can download it today. It is more then worth the cost and could help give you the edge to win your child custody battle.