How to File for Custody of Children Prior to Divorce
- 1). Draft a petition for temporary custody. If you have not yet filed any paperwork related to your separation, you will need to prepare a temporary custody order and open a new case with the court. You can obtain a sample custody order from the office of the Clerk of the Court. In the custody order, you will provide basic demographic information about your family, including full names, addresses and dates of birth. You will need to specify whether you are requesting sole or joint custody.
- 2). Provide supporting documentation to strengthen your request for custody. Before the court will grant you custody of your children, you will need to show that you can meet the child's physical and emotional needs.
- 3). File your custody petition with the court, and serve it on your spouse according to rules of your jurisdiction. In most states, you will need to hand deliver the petition through a process server, or send it by certified mail.
- 4). Attend your custody hearing. After the court receives your petition, the clerk will assign you a hearing date. At your hearing, you and your spouse will have the opportunity to make your case in front of a judge. Once the judge reviews your petition and hears your testimony, she will make a custody determination and issue a written order outlining her decision.
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