Filing for Custody in Family Court

Dealing with issues in Family Court can be verytheir best interests.
stressful and confusing. Often times when issuesThe parties will appear on the given court date and
surrounding custody and visitation arise, parents andthe Law Guardian, along with the Judge, will attempt
loved ones don't know where to turn.to help the parties come to some sort of amicable
When custody issues arise, the first thing a personagreement regarding their issues. If no agreement
should do is go to the Family Court located within thecan be made, the parties may request an
county they or their children reside and file a petitionadjournment to either seek counsel or they may
for custody and visitation. This is a standard "fill in theproceed forward representing themselves. The judge
blank" type form that can be obtained at Familywill typically adjourn the matter for several weeks to
Court. Simply ask the clerk and the form will beallow the parties an opportunity to come to a
provided free of charge. The form will typically sayresolution on their own. If not, the matter gets set
the following at the top left hand corner:down for trial.
PETITION FOR MODIFICATION OF CUSTODY ORAs stated, custody issues can become difficult to
VISITATIONdeal with due to the inherent emotions that are
Check the box that applies and fill out the requestedassociated with them. If one is not sure about their
information accordingly. Once complete, hand it to therights and how to properly proceed, they should
clerk and it will be put on file with the court. You,seek out an attorney that handles these matters on
along with the opposing parties, will receive notice ina consistent basis. If one cannot afford an attorney,
the mail of a court date. The initial court date given isthey can apply for assigned counsel at no charge
identified as a "First Appearance." At this time, thewhen filling out the initial custody petition. Simply ask
child(ren) will be assigned a Law Guardian, also knownthe clerk for the assigned counsel forms and they will
as the Attorney for the Child, who will representprovide and file them accordingly.