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Steps to filing child custody forms Speak with a lawyer. While you're not required to have a lawyer, it's a good idea to at least consult with one.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. Filling for child custody pro se takes time and patience. Follow these steps to successfully file for custody without an attorney. Step 1: File the custody complaint (petition) in court. 1. Fill out the forms. You have to fill out 3 forms to start your case, and another optional form if needed. The instructions and all the forms needed to open a paternity or custody case are in this section.