Filing for Child Custody

Child custody is one of the important issues related to some legal proceedings. They include litigation regarding guardianship, child abuse, termination of parental rights, adoption and divorce. However, the rising number of divorces makes it the single most cause for child custody issues. While, most parents reach a mutual agreement regarding child custody, some of them fight vehemently to win the child. Whatever may be the case, they have to file an application for child custody.

How to File for Child Custody

Child custody is one of the sensitive and emotional issues attached to the legal proceedings of divorce and annulment. There are various types of child custody. It could be legal custody, physical custody, joint custody and sole custody. Whatever may be the type of child custody, it will be better for the couple to reach a mutual agreement, rather than fighting for their side. Whether they agree or not, filing for child custody has to be done at the local family court. This applies to other legal issues like adoption, termination of parental rights and guardianship.

• Now you know that application for child custody has to be filed in the local family court. If you have any confusion, refer to the government guide or else, call up the county clerk's office or the mayor's office and collect information about the court that hears child custody cases
• Child custody application forms are usually available in such courts. In some regions, it can be downloaded from local family court website.
• You can do the filing for child custody by yourself (child custody 'pro se') or through an attorney, who can be appointed to represent you in the court.
• If you go for the first option, then, all you have to do is to fill the form and file it in person or through mail. Some courts may allow you to file the application through fax too.
• Filling the application can be difficult as it requires some legal expertise. The court staff may or may not help you in filling the form and completing the formalities.
• You will be required to furnish information regarding the child and the parents and the type of child custody, you are applying for.
• Filing for child custody comes with a corresponding fee, which has to be paid. You may also apply for a fee waiver, if you are unable to pay the fee and costs.
• Once the court receives the application form and documents, a hearing date will be assigned and you have to present yourself before the court on that day.

Now, you have a basic understanding of the procedure for filing child custody. If you want to do this task yourself, then, make sure to get some knowledge about the child custody laws in your state. Legal provisions for child custody issues may vary from one state to another. Any mistake on your side cannot be justified as an unawareness of the law or legal proceedings. So, if you are not sure of the laws, then contact an attorney to get a proper idea of the legal proceedings. He can also offer you legal advice regarding the type of custody and other related issues. It will always be better to seek the services of an attorney, unless you are sure of the law and legal proceedings.