Requesting for a Custody Order

For couples or partners who have already parted ways or are still in the process of their divorce or separation, child custody becomes another issue that they have to tackle.

Here’s a guide on how to request for the child custody order:

The first step is to go to your local family law facilitator or self-help center. They can assist you on what paperwork that you should fill out and provide you with information on how the case should proceed or how it should handled. This would usually start by being asked the questions:

1)      Do you already have an existing case filed at the family court?

2)      Is this your first time filing for a custody order?

Note: The Form FL-314-INFO or otherwise called the Child Custody Information Sheet provides helpful information about the process of child custody and visitation.

Opening a case if you still don’t have one:

If you are married or in a registered domestic partnership, you can request for a child custody order in these situations or conditions:

  • Legal separation, divorce or dissolution of marriage or annulment.

–          While waiting for the final judgment on the case, a parent can request for temporary child custody

–          For temporary child custody, a parent has to request the judge for a court date for custody and visitation concerns.

–          For open cases, these forms are used:

FL – 300 (Order to Show Cause)

  • Temporary child support order.
  • The respondent has not been issued any summons and request for child custody order.

FL – 310 (Order and Supporting Declaration Application)

  • Must always be attached with FL – 300

 

  • Request for custody and support of Minor Children.
  • Abuse, domestic violence, or if there is an issued restraining order for one parent or both.
  • Cases filed by the Local Child Support Agencies (LCSAs).

In the event that the parents are not married or have not entered into a registered domestic partnership, requesting for a child custody order can be filed on these grounds:

  • Establishment of paternity cases.
  • Abuse, domestic violence, or if there is an issued restraining order for one parent or both.
  • Request for custody and support of Minor Children.
  • Cases filed by the Local Child Support Agencies (LCSAs).

 

 

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