Child custody is complicated enough without the seemingly endless paperwork you have to sift through. It can be difficult to determine which documents and forms are relevant and important in the case of child custody rights. Though we recommend speaking with an experienced family attorney to ensure that all your bases are covered, this article may help you determine which documents are necessary for your specific case.
But first, let’s go over some child custody basics…
Different Kinds of Custody and Visitation
There are four basic types of child custody: legal, physical, joint, and sole. Legal custody and physical custody may each be specified as joint or sole custody. Legal custody pertains to how parents make major decisions about the child’s health, education, and welfare; and physical custody pertains to where the child lives. Joint custody is when the parents have shared custody, and sole custody is when only one parent has custody.
Visitation, or parenting time, refers to when the child spends time with each parent. Parent-child visitation allows parents who do not have physical custody to see their child regularly. Types of visitation include:
- Unsupervised visitation is the most common type of visitation. Parents with unsupervised visitation are usually permitted to take their children to their own homes or may enjoy an outing with their child during their scheduled visitation. Sometimes, limitations are specified in advance.
- Supervised visitation is when another responsible adult must be present for the duration of the parent-child visit. Depending on the circumstances, the court may allow the non-custodial parent to choose an individual to serve as the supervisor during visitation.
- Virtual visitation usually takes place using video-conferencing technology, such as Skype or Facetime. Virtual visitation is more common for families who live far apart or when in-person visits are infrequent.
Child Custody & The Legal Process
To set up a custody/visitation order for your child or children, you or the other parent must first request an order from the court. When parents file a court action for child custody, the court must address paternity, child custody, visitation, child support, and all other matters relating to the child. When the parents are married, these child-related issues are handled as part of the divorce, separation, or annulment. However, when the parents are unmarried, they’re handled as a part of a custody or paternity case.
Once the petitioner files the child custody petition with the court, the other parent (the respondent) is served the summons, petition, and financial disclosure form.
*Remember: To open a child custody case, there are certain forms you must file with the court, depending on your case.
Child Custody Legal Forms
Custody/Visitation Enforcement Petition
This form is used the custody or visitation order is not being followed.
Custody/Visitation Modification Petition
This form is used when there’s a change in circumstances and the custody or visitation order has to be changed.
Paternity Petition
File to ask the Family Court for an order that states who the child’s legal biological father is.
Support Modification and Enforcement/Violation Program
File this form to change a child or spousal support order due to change of circumstances.
For every state, there are official forms used in Family Court proceedings. These forms are organized by type of case:
- Petition forms for bringing the following types of cases: General Form-17 (custody or visitation), General Form-22 (writ of habeas corpus for custody or visitation), Form 4-3 (child support), Form 5-1 (paternity), Form 7-4 (PINS), Form 8-2 (family offense), Form UIFSA-4 (interstate child support or paternity) or Form UCCJEA-1 (interstate child custody or visitation).
- General Form-21, for use in a child support, paternity, custody, visitation, abuse, neglect or family offense case, to request address confidentiality where disclosure would pose an unreasonable risk to health or safety to the petitioner/respondent, or that person’s child.
- Form 4-24/5-16/UIFSA-10 (child support or paternity) or Form UCCJEA-7 (Interstate Child Custody and Visitation) for use in certain child support, paternity or interstate child custody or visitation proceedings, to request that testimony is taken by telephone, video-conference, or other electronic means.
Here’s a sample of a Custody/Visitation Petition.
Tips for Filling Out Legal Forms
- It’s important you provide the most current version of the form.
- The court only accepts single-sided copies of documents, so don’t print double-sided copies.
- Make sure you understand the form’s purpose.
- Use only black ink and write clearly and neatly.
- Always use your legal name, current address, daytime telephone number, and valid email address.
- Fill out all forms completely. If one of the sections or questions does not apply to you, write “not applicable” or “N/A”.
- Keep the originals of every form you file. Keep your legal documents in a safe place and organize your copies by date. Bring your files with you each time you go to the courthouse.
At Rieger, LLP, we are devoted to guiding you through the entirety of your case with strong and compassionate legal counsel. We have spent several years serving the Long Island and surrounding communities. If you need help with child custody, support, paternity, or any other legal family matters, we can help you with your case.