Child Custody
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What is an order of custody?
An order of custody gives responsibility for the care, control and maintenance of a child to one or both of the child's parents or to another party.
Who may file for custody?
A parent, grandparent, sibling or a person with a substantial connection or relationship with the child may file a petition requesting that the court place the child in his/her custody.
A copy of the petition and a summons must be personally served to the person who presently has custody of the child and both of the child's parents.
How to file for custody
The participant must fill out this petition and bring it to the "petition clerk" at the Family Court filing desk.
There are no filing fees in Family Court.
If parties agree about custody of the child, the judge may enter an order of custody on consent, without a formal hearing.
If the parties cannot reach an agreement about custody, the court will hold a hearing, taking testimony from both sides, and may appoint a lawyer to represent the child. The court may also order an investigation and report from a social services agency to make a custody decision based on what is deemed to be the child's best interests.
Participants can also choose to have their custody matters sent to mediation.
The mediation program is a free, voluntary, and confidential process where the parents work with a neutral mediator to create their own parenting plan. Parties interested in mediation can ask the judge hearing their case to be sent to mediation. For more info on mediation, click here.