This is a multi-state form covering the subject matter of the title.
This is a multi-state form covering the subject matter of the title.
Timeline: Child custody cases can vary widely but often take several months to resolve. Process: The court prioritizes the child's best interests, which may involve evaluations, hearings, and mediation. Factors: High-conflict situations or disputes over parenting plans can lengthen the process.
Visit the Clerk's Office of the Superior Court to begin child custody proceedings. File a petition to begin child custody proceedings. 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.
To modify child custody, parents must prove that a change in circumstances has a substantial impact on their children's welfare and that the condition did not exist when the judge initially decided custody. A material change can take many forms—like a parent receiving a job offer in a different state, for instance.
To petition for emergency custody, draft a Motion for an Emergency Hearing explaining the urgent issue, and file it with the court. You should hire an attorney to write this, as it influences how soon the court hears your case. Typically, you'll have a hearing within 24 hours of filing the motion.
Factors in custody decisions The judge considers each parent's: Bond with the children. Ability and desire to provide the children with affection and guidance. Familiarity with the children's needs, plus capacity to provide for those needs.