How to Petition for Custody
Contact child services., Locate the appropriate court., Search for forms., Gather related documents and information., Consider consulting an attorney., Fill out your forms., File your forms., Prepare for your hearing.
Step-by-Step Guide
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Step 1: Contact child services.
If you have an emergency situation or suspect your child is in danger, your state's child services agency may be able to help ensure the immediate safety of your child.If the other parent has a history of violence or abuse, you also may be able to find resources at your nearest domestic violence shelter.
You also can call the national child abuse hotline at 1-800-422-4453. -
Step 2: Locate the appropriate court.
Typically you must file your petition in the county where the child lives.Your state's court system website typically contains information regarding which court deals with child custody.
This most often will be a specific family court or a court with general civil jurisdiction.
If you're having trouble figuring out which court you need to use, you can contact the nearest civil court clerk's office, and staff there may be able to assist you. , Courts often have forms you can use to ask the court for emergency custody of your child.
You may be able to download these forms on the court's website.
You also typically can find them at the clerk of court's office, or at legal aid and family law self-help centers.
The packet of forms typically includes an emergency custody petition, an emergency pick-up order directing local law enforcement to take custody of the child, and a summons or citation., Review the forms available in your jurisdiction to determine what documentation you will need to include with your request.
You typically will need information about the child, copies of any prior court orders related to the child, and any evidence of the emergency situation.
For example, if your ex-spouse was recently arrested, you should get a copy of the police or arrest report.
Keep in mind that courts typically require proof of a real emergency before an emergency or ex parte petition will be considered.
This most often is defined as a substantial risk to the child of physical or sexual abuse or neglect by his or her current caretaker.Many states also allow for emergency orders if you have reason to believe the other parent plans to take the child to another state or country over your objections.
You must include proof of the allegations in your petition, including your reasons the situation qualifies as an emergency.
You may need to check your state's law to determine what types of situations qualify as an emergency, as specific requirements vary among states.
Documents may include police or medical records, protective orders, reports from child protective services, or evaluations from a child psychiatrist., Especially if you believe your child is in danger, an attorney may best be able to protect your child's best interests.
Family law clinics and legal aid offices often have free or reduced-cost legal representation available, if you're concerned about your ability to afford attorney's fees.
If the other parent has a history of domestic violence, you also may be able to find volunteer attorneys through a local shelter. , Once you have all the information together that you need, you're ready to complete your forms.
Fill out your forms by typing or printing legibly using black ink.
Read the instructions to the forms carefully to make sure you're filling out each portion correctly.
Many states require you to sign your form in the presence of a notary or in front of the clerk when you file them.
If this is required, the instructions will tell you.
Don't sign the forms until you're sure.
After you've signed your forms, you'll need to make at least two copies – one for the other parent and one for your own records.
Make copies of everything you intend to file, including any supporting documentation, so you have a record of everything connected with your petition., When you've filled out your forms completely, you must take them to the clerk's office of the court you want to consider your petition.
You may have to pay fees for expedited processing in addition to the basic fees you normally would pay to file a petition for custody.
If you can't afford the fees, you can apply for a waiver.
The court will review the information you provide about your income and assets to determine whether you qualify for a fee waiver.Be prepared to speak to the judge at the time you file your emergency petition.
Courts typically address these petitions the same day they're filed.
If the judge grants your petition, he or she will issue an emergency order., Even if the judge grants your emergency petition, he or she still will schedule a hearing as soon as possible to review testimony and evidence from both sides regarding permanent custody of the child.Since temporary orders potentially violate the other parent's due process rights because they are granted without giving him or her the right to present the other side of the story, a full hearing may be scheduled fairly quickly.
Emergency orders typically only serve to remove the child from imminent danger, and won't last indefinitely.Keep in mind that you remain eligible to file for permanent custody even if the judge denies your emergency petition for custody. -
Step 3: Search for forms.
-
Step 4: Gather related documents and information.
-
Step 5: Consider consulting an attorney.
-
Step 6: Fill out your forms.
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Step 7: File your forms.
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Step 8: Prepare for your hearing.
Detailed Guide
If you have an emergency situation or suspect your child is in danger, your state's child services agency may be able to help ensure the immediate safety of your child.If the other parent has a history of violence or abuse, you also may be able to find resources at your nearest domestic violence shelter.
You also can call the national child abuse hotline at 1-800-422-4453.
Typically you must file your petition in the county where the child lives.Your state's court system website typically contains information regarding which court deals with child custody.
This most often will be a specific family court or a court with general civil jurisdiction.
If you're having trouble figuring out which court you need to use, you can contact the nearest civil court clerk's office, and staff there may be able to assist you. , Courts often have forms you can use to ask the court for emergency custody of your child.
You may be able to download these forms on the court's website.
You also typically can find them at the clerk of court's office, or at legal aid and family law self-help centers.
The packet of forms typically includes an emergency custody petition, an emergency pick-up order directing local law enforcement to take custody of the child, and a summons or citation., Review the forms available in your jurisdiction to determine what documentation you will need to include with your request.
You typically will need information about the child, copies of any prior court orders related to the child, and any evidence of the emergency situation.
For example, if your ex-spouse was recently arrested, you should get a copy of the police or arrest report.
Keep in mind that courts typically require proof of a real emergency before an emergency or ex parte petition will be considered.
This most often is defined as a substantial risk to the child of physical or sexual abuse or neglect by his or her current caretaker.Many states also allow for emergency orders if you have reason to believe the other parent plans to take the child to another state or country over your objections.
You must include proof of the allegations in your petition, including your reasons the situation qualifies as an emergency.
You may need to check your state's law to determine what types of situations qualify as an emergency, as specific requirements vary among states.
Documents may include police or medical records, protective orders, reports from child protective services, or evaluations from a child psychiatrist., Especially if you believe your child is in danger, an attorney may best be able to protect your child's best interests.
Family law clinics and legal aid offices often have free or reduced-cost legal representation available, if you're concerned about your ability to afford attorney's fees.
If the other parent has a history of domestic violence, you also may be able to find volunteer attorneys through a local shelter.
, Once you have all the information together that you need, you're ready to complete your forms.
Fill out your forms by typing or printing legibly using black ink.
Read the instructions to the forms carefully to make sure you're filling out each portion correctly.
Many states require you to sign your form in the presence of a notary or in front of the clerk when you file them.
If this is required, the instructions will tell you.
Don't sign the forms until you're sure.
After you've signed your forms, you'll need to make at least two copies – one for the other parent and one for your own records.
Make copies of everything you intend to file, including any supporting documentation, so you have a record of everything connected with your petition., When you've filled out your forms completely, you must take them to the clerk's office of the court you want to consider your petition.
You may have to pay fees for expedited processing in addition to the basic fees you normally would pay to file a petition for custody.
If you can't afford the fees, you can apply for a waiver.
The court will review the information you provide about your income and assets to determine whether you qualify for a fee waiver.Be prepared to speak to the judge at the time you file your emergency petition.
Courts typically address these petitions the same day they're filed.
If the judge grants your petition, he or she will issue an emergency order., Even if the judge grants your emergency petition, he or she still will schedule a hearing as soon as possible to review testimony and evidence from both sides regarding permanent custody of the child.Since temporary orders potentially violate the other parent's due process rights because they are granted without giving him or her the right to present the other side of the story, a full hearing may be scheduled fairly quickly.
Emergency orders typically only serve to remove the child from imminent danger, and won't last indefinitely.Keep in mind that you remain eligible to file for permanent custody even if the judge denies your emergency petition for custody.
About the Author
Patrick Collins
Patrick Collins has dedicated 13 years to mastering businessservices. As a content creator, Patrick focuses on providing actionable tips and step-by-step guides.
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