If an emergency situation, such as child abuse or neglect, requires custody to be decided before your divorce is finalized, you may be eligible to get an emergency custody order.


There also may be expedited processes available if you have an urgent situation requiring custody to be resolved immediately, but the situation doesn't rise to the level of an emergency or the child is not in imminent danger., When filing for divorce, typically you must file in the civil or family court with jurisdiction over the county in which you and your spouse live.


However, if you're requesting a determination of custody, you generally must file in the county where the child has been living for the past six months.In some jurisdictions such as New York, different courts handle custody matters and grant divorces. If you live in one of these jurisdictions, you will have to file petitions in two different courts to have both matters taken care of., Many courts have fill-in-the-blank forms you can use to file for divorce and ask the court to determine custody of any children you have in common.Keep in mind that in many jurisdictions, you can only use the prepared forms if your divorce is uncontested. This means that both you and your spouse want to get a divorce and agree about how to divide your property and finances as well as custody of your children.In some jurisdictions, you must pay a minimal fee to download the proper forms or get paper copies form the clerk of court., You will need supporting documents such as your child's birth certificate to petition for custody in a divorce proceeding.


Since courts generally determine custody based on the best interests of the child, you also will need documents or other information that tends to prove the custody arrangement you're asking the court to approve is in your child's best interests.This information could take the form of evaluations from a child psychiatrist or affidavits from teachers, coaches, or other friends who are willing to testify regarding your custody of the child.
 Once you have all the information and documents you need, you're ready to complete the forms.


Generally you will need a petition for divorce, as well as documents related to child support and parenting time or custody.You typically also will need forms related to your marital property, including the income of both spouses, assets, and other financial matters.Make sure you have records of all your joint debts and accounts as well as any that are maintained separately.
When you've completed your forms, make at least two copies of them. You'll need one copy for your own records and one for your spouse. The originals you will file with the court., If you find the forms confusing, or if you anticipate your spouse will contest your custody petition, you might want an attorney to represent or assist you.


Keep in mind that most states view shared custody as in the best interests of the child. Therefore, if you are seeking sole custody of your child, you typically will have the burden of proving that this arrangement is preferable to shared custody. Having legal representation can be all the more valuable in that situation.You may be able to find free or reduced-cost services at legal aid or family law clinics in your area. Clinics typically provide general information and give brief legal advice.You also may be able to find an attorney who is willing to help you with some parts of your case, such as filling out your forms, but doesn't represent you for the whole case. These unbundled services tend to be less expensive than hiring an attorney to fully represent you.In most states, you need an attorney if the divorce or any aspect of your custody request will be contested by your spouse. Contested divorce cases often require you to return to court multiple times for hearings on different issues.#File your forms. Once you've completed all of your forms, you must file them with the clerk of court to initiate your divorce proceeding and petition for custody.
You will have to pay filing fees to initiate your divorce and custody proceedings, usually amounting to a few hundred dollars.If you believe you cannot afford these fees, ask the clerk for an application to have them waived. The application will require you to disclose details about your income and your finances. If these are below a certain threshold, the court will waive your filing fees.In some states, temporary restraining orders will go into effect automatically when you file your divorce papers. These orders prohibit either you or your spouse from doing certain things such as taking a child out of the state without written permission from the other spouse.Once you file your forms, a copy will be delivered to your spouse, either personally by a sheriff's deputy or court official, or using certified mail with returned receipt requested. This is called service of process and provides proof to the court that your spouse knows about the divorce action you've filed.When service is completed, you can contact the clerk to find out what the next step in your case will be and what you need to do to prepare.
Determine if you need an ex parte or emergency order.
Choose the correct court.
Search for forms.
Gather information.
Fill out your forms.
Consider consulting an attorney.
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