Paperwork and filing for child custody go hand in hand. Because there are so many forms and papers, it can be easy for a divorcing parent to get confused and frustrated. And, it makes it even more confusing because every state has different papers that have to be filled out. However, even though the states have different papers, the general forms are pretty common. Here is an overview of the papers you need to file for child custody.
If you are the parent who is starting the child custody case, then you will fill out an initial paper to start the court case. This first paper filed is a summons and petition for child custody–or something with a similar title. This paper has the name of the child or the children involved in the custody case, and in most states it is accompanied by a restraining order. This restraining order says that neither parent can take the children out of state until the case is settled without written permission of the other parent and the court. Once this paper is filed, it is served to the other parent. The other parent then fills out a form that is a response to the petition for custody.
There are fees when you are filing your papers for child custody. If you cannot afford these fees, then there are papers you can file that waive them. Every state has some option for waiving the fees–so talk to your county court to find out more information.
After the first papers are filed, most of the other papers have to do with your custody agreement. There are papers to file about what type of custody you and the child’s other parent want to have, the visitation schedule, the holiday schedule, any provisions and stipulations you want in the agreement, and child support papers. When these papers are filed, the court uses them to cement your custody order.
Sometimes states have you fill out one set of papers if you and the children’s other parent agree on the visitation schedule, type of custody, etc. If you do not agree then you fill out a different set of papers. When you are filling out papers when you don’t agree, you fill out the schedule, type of custody, etc. that you want the court to accept. Be prepared with documents and evidence to show that your plan is in the best interest of the child.
These are the basic forms for filing for child custody that are required in almost every state. There are additional forms if you have an unusual case or if there are other circumstances (for instance, if the parents of the children were never married, there are forms to establish the relationship of the parents to the children). Don’t ever hesitate to ask questions at the courthouse where you get your papers or to look online for more information about your state.
Find out more about child custody papers and get more information about filing for child custody.
Article Source: Child Custody Papers and Filing for Child Custody
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