How to File Forms for Temporary Child Custody

You can find the forms for filing for temporary child custody at the clerk’s office at the family courthouse in your district. You will have to fill out these forms in accordance with the family laws of your state. If you have questions or don’t how to proceed, contact a lawyer and ask for legal advice. You can follow these steps to file forms for temporary child custody.

  • Several types of forms involving child custody cases exist. Ensure you practice specificity when going to the clerk’s office. If you’re going through a divorce, the forms will be different from the ones you need to fill if the situation doesn’t involve the dissolution of a marriage. Ask for the forms you need and take a look at them. If you don’t understand something, ask the clerk for clarification. While he cannot offer legal advice, he can explain procedural matters.

  • Most courthouses have websites where you can find information about the procedures as well as download applicable forms.
  • Establish if you’re also asking for child support. In so, you have to file a motion for temporary child custody and a motion for child support. In some states the motion for child support comes as part of the temporary child custody one.
  • Take your time to fill out the forms. Read the instructions carefully and provide all the required information. If you don’t fill them out correctly, the court might ask you to go through the procedure again.
  • Understand the type of custody for which you are asking. If you’re not sure about what type of custody to request, discuss the matter with a lawyer and go over the family laws in your state. If you want sole custody, make sure you meet the requirements of your state. In cases of shared custody, you will serve as the primary residential parent while the other parent will have visitation rights. Depending on the state, different outlines exist for visitation rights. The child might live with one parent for a week and with the other the next week. Whatever agreement the parents reach, the court must agree to it.
  • Fill out the Family Law Financial Affidavit and the child support guidelines worksheet. Again, the formula of calculating child support depends on the state and has its basis in the income of the parents. Meant to ensure the child continues to have the same living standard as before the custody agreement, these forms prove important.
  • If you reach an agreement with the other parent, you don’t have to file a temporary child custody motion. Get a lawyer’s help to write a partial settlement agreement and file it with the court. The court must agree to the settlement before it goes into effect.
  • If you do not reach an agreement, file the forms for temporary child custody at the clerk’s office and ask for a hearing date. Both parents will appear in front of the court on that date and the judge will make a ruling.

Filed Under: Family & Relationships


About the Author: Roberta Southworth is a psychiatrist by profession. She likes to help out people by writing informative tips on how people can to solve their family and relationship issues. She is currently staying in Ireland. She has 5 years of couple counseling experience.

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