Background

• Custody papers are documents which are filed with family court to petition for the custody of minors. Each state and the District of Columbia have requirements when submitting paperwork. Acquaint yourself with local law and follow the legal process accordingly. You may need to retain an attorney to help see you through the process.
  
  

Custody Papers

• Because do-it-yourself divorce is so common, do-it-yourself custody papers have emerged as one way to help families clarify child-rearing responsibilities. Custody papers need to include detailed information, outlining who will get physical custody and legal custody, as well as outlining visitation privileges.
  
  A visit to your state's Department of Social Services or Family Law section can help you determine which forms you should use. Please note that in some states samples of these forms can be found on their respective websites, therefore it would be best to use the state's forms instead of using forms found elsewhere which might not be accepted in family court.
  
  Among the forms you should look for are Order to Show Cause, which explains to the court what you're attempting to do, that is--to seek custody of a minor(s). A Temporary Order form may be necessary, especially if the children have been taken by the state and you need to obtain custody until the court issues its ruling. Also, a Responsive Declaration is given to the other parent to fill out. Your state may have additional forms or procedures, as well.
  
  

Attorney Guidance

• While do-it-yourself custody papers are a convenient way to handle the custody process, legal assistance is usually necessary in order to preserve the rights of all parties.