How to File For Child Custody
When determining how to file for child custody, the first step is to obtain the appropriate paperwork from the court clerk. These forms are usually available from the county clerk in the county where the child has lived for the last six months. You can also obtain these forms online and print them out at home. You may also be able to find the forms you need at a legal aid office.
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Establishing paternity is an important step in the child custody process. It allows both parents to participate in the child’s life, and it helps children have a close relationship with both parents. It also helps children receive financial support from both parents. And, it can also allow the father to request the right to visit their child. Those benefits can help children grow up to be successful adults.
Filing a Joint Parenting Petition
The first step in filing a joint parenting petition for child custody is to prepare the petition. You should create two copies of the form and give one to the other parent. The original copy of the form should be kept by the court clerk. You will need to pay the filing fee. You may request a fee waiver if you cannot afford it.
Filing a violation petition
A violation petition is a legal way to enforce a court order. If you or your ex-spouse is not following a child custody order, you have legal options to make things right. You can also involve the police in the process. Depending on the circumstances, the police may intervene if your child has been abducted, is late returning home, or has repeatedly violated the order.
Filing a violation petition in district court
If your spouse is violating your child custody order, filing a violation petition in district court is your best bet. These petitions can be argued in two different ways, and your attorney can help you choose the one that works best for you. First, you can challenge the jurisdiction of the other court. If the other party is in New Jersey, for example, filing a violation petition in New York will not help you.
Filing a violation petition in the supreme court
Filing a violation petition for child custody in the supreme court is an effective way to enforce a custody order issued by a lower court. Typically, this process is less formal and paperwork-intensive than the family court process. A petition for violation is signed by an attorney and client, and the court then issues a summons to the respondent. If the respondent does not pay, the burden of proof shifts to the other party.
Appealing a judge’s decision
If you feel your judge has made a mistake when ruling on your child custody case, you have the right to appeal the decision. An appeal is different from a new trial, and your family law attorney will write a brief to present your case to the appellate court. A successful appeal can result in a new trial and a different decision. An appeal is expensive and time-consuming, so you should carefully consider your options before filing for one.