How to file a petition for child custody

When you pertain to court about custody or visitation for your kid, you might have an option: whether to submit a custody petition and have your case heard in front of a Judge or court attorney-referee or to have your case described mediation.

If you currently have a custody or visitation order for your kid from Household Court, you can utilize the Custody/Visitation Adjustment Do It Yourself Program to ask the court to alter the order or the Custody/Visitation Enforcement Do It Yourself Program to ask the court to implement it if it is not being followed.

Who Can Apply For Custody

Anybody who has a crucial function in a kid’s life might ask the court for custody. You do not need to be the kid’s moms and dad. When a Judge chooses custody in between a moms and dad and somebody who is not a moms and dad, he or she will think about if there are “remarkable scenarios”. The Judge will consider what is in the finest interest of the kid if there are remarkable scenarios.

The individual who begins the case is called the “Petitioner.” The case protests the “Participant”.

Where to Apply For Custody

Custody cases are normally begun in Household Court. The petition ought to be submitted in the county where the kid lives. In some cases, if the moms and dads are wed and getting a divorce, among the moms and dads apply for custody as part of the divorce in Supreme Court. The custody order belongs to the Divorce Judgment.

Just How Much Does It Expense

It is complimentary to submit a custody petition in Household Court. It is your duty to pay for the attorney’s services if you get an attorney.

After Applying For Custody

After submitting the custody petition, the petition and summons should “served” (provided) on the other side face to face. The petition needs to be served to both moms and dads if a non-parent is submitting for custody. When and where to come to Household Court for the custody hearing, the summons will inform both sides.

Submitting the Custody/ Paternity Documents

If you wish to get the court’s aid with paternity, visitation, custody, and kid assistance matters, you can submit a kid or a paternity custody case. There are specific kinds you should submit and submit with the court to open a case. You can discover guidelines and all the kinds you require to open a paternity or custody case in this area.

How to Serve the Custody/Paternity Documents

After you open a custody or paternity case, the next action is to make certain the other moms and dad is “served” with the documents. It depends on you to make certain that the other moms and dad is served. Check out this area to learn more about how to have the other moms and dad served, and what to do if you do not understand where the other moms and dad can be discovered.

Now What?

After the other celebration is served, you will need to see and wait what the other individual does prior to you understand what your next action will be. You can learn more about the possible next actions in this area.

Household Courts and Solutions Center
601 N. Pecos
Las Vegas, NV 89155

This site was created and is preserved by Legal Help Center of Southern Nevada, Inc., a personal, not-for-profit, 501( c) (3) company that runs the Household Law Self-Help Center through an agreement with Clark County, Nevada. This site is meant to supply basic info, kinds, and resources for individuals who are representing themselves in a Clark County court without an attorney. The info on this site is NOT a replacement for legal suggestions. Talk with an attorney certified in Nevada to get legal suggestions on your circumstance.

How to Petition the Court for Custody

There are 2 elements to custody over a small kid: legal custody and physical custody. Legal custody is the legal authority to make choices for the kid such as where they will participate in school, what faith they will be raised in, and when to get treatment. Physical custody is who the kid copes with.

How to file a petition for child custody

If you and your kid’s moms and dad can not reach an arrangement on legal and physical custody, you require to petition, or ask, the court to approve the custody plan you desire. There are normally 3 stages to petitioning for custody: the preparation stage, the filing stage, and the court stage. The specific requirements and procedure for each phase differ by state and truths of the case.

1. Choose what you desire.

Start by spending some time to choose in information what kind of custody plan you desire. Do you desire sole physical custody? Exist choices you wish to make collectively with your kid’s other moms and dad? Where will your kid participate in school? These and other information require to be figured out throughout the custody procedure.

Discuss your desires with your kid’s other moms and dad. If you can reach an arrangement on any of the concerns, see. The more you can settle on, the quicker and more affordable the court procedure will be.

2. Prepare to submit.

Prepare to demand custody by finding out about the kid custody laws in your state and finding the necessary kinds. You can investigate this info by looking online, getting in touch with the clerk for your regional court, or going to a public law library. Or, you can work with a household law lawyer who will discuss the law and guide you through the procedure.

Next, begin collecting the info you will require to finish the kinds to demand custody. This info generally consists of standard market info about your kid, your kid’s other moms and dad, and you; the kind of custody you are asking for; and info on associated procedures like a divorce or paternity action. The lawyer will provide you a list of the info they require from you to finish the proper kinds on your behalf if you have actually worked with a lawyer.

3. Submit your demand and supply notification.

Total the file requesting your favored custody plan and submit it with the court. This demand will be part of your divorce filings if you are in the procedure of a divorce from your kid’s other moms and dad. You will require to begin a brand-new court case by submitting a petition for custody and paying the relevant filing cost if there are no divorce procedures.

In all cases, you will require to supply your partner with notification of your custody demand. The appropriate approach of supplying notification depends upon whether the custody demand belongs to divorce procedures or not and whether your kid’s other moms and dad will accept waive official notification.

4. Present your case to the court.

You will be appointed a court date where you will have the chance to present proof supporting your ask for custody. The judge will ask you concerns and might ask for extra info. The judge might likewise buy official assessments such as a psychiatrist assessment of your kid or house go to.

There might be more than one court date needed prior to the judge concerns a choice. In a complicated case, the judge can release a short-term order on what the custody plan will be up until a decision is reached.

This part of the website is for educational functions just. The material is illegal suggestions. The viewpoints and declarations are the expression of author, not LegalZoom, and have actually not been assessed by LegalZoom for precision, efficiency, or modifications in the law.

Associated Legal Issues


This toolkit informs you how to alter (customize) an existing custody, visitation, kid assistance, and medical and assistance order. KINDS ARE CONSISTED OF.

This toolkit consists of:

  • Guidelines & Types you can utilize to submit a adjustment case to alter an existing custody, visitation, kid assistance or medical assistance order.
      If everybody concurs,

    • Utilize the very first set of guidelines.
    • Utilize the 2nd set of guidelines if you do not believe the kid’s other moms and dad (or anybody else called as a participant in your case) will take part in the procedure.
    • Note: If you are not exactly sure if your case is uncontested or objected to, checked out Is my adjustment match objected to or uncontested?
  • Regularly Asked Concerns about submitting an adjustment case.
  • Articles on subjects associated with custody, visitation, kid assistance, and oral and medical assistance.

Required Aid?


  • Utilize our Legal Aid Finder to look for an attorney recommendation service, legal help workplace or self-help center in your location.
  • Examine our Legal Center Calendar free of charge legal centers in your location.
  • Usage Ask a Concern to talk online with an attorney or law trainee.

CAUTION! The info and kinds in this toolkit are illegal suggestions and are not a replacement for the assistance of an attorney. It’s a great concept to talk with an attorney about your specific circumstance.