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You must look at the court order(s) that set child support or otherwise involve the child. To open a divorce case at the same time as your parental responsibility case, complete the Petition for Dissolution with Dependent or Minor Child(ren).The respondent may file a counter-petition for divorce against the petitioner. You can file a petition for child custody in your county's Superior Court. If you are divorcing, the petition will be included in your divorce papers. Remember: Take an original and two copies of each document to file with the Clerk of court's office where the Petition to Modify Custody and Support was filed. If you're going through a divorce and have young children, the courts will decide both legal custody and physical placement. Make copies of the Summons , Preliminary Injunction , Petition to Establish Child Custody.