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Family Cases
Family Cases

Child Custody without a Marriage or Civil Union

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These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent yourself, you are bound by the same rules and procedures as an attorney.

Start or Respond to a Case

For a full list of custody forms and guides:

View Forms

Get a Parenting Plan

A parenting plan can:

  • Assign you parental responsibility for the child.
  • Create a parenting time schedule.
  • Outline how important life decisions will be made for the child.
  • Set the amount of child support.

Start a parental responsibilities (custody) case to get a parenting plan.

Step 0 – Who Can Get a Parenting Plan?

You can get a parenting plan if you are:

  • A parent
  • A person other than a parent if the child is not in the physical custody of one of the parents
  • Someone other than a parent who has physically cared for a child for at least 182 days. That person must start the case within 182 days after they stop that physical care of the child
  • A party to a Dependency and Neglect case if:
    1. There is an existing Dependency and Neglect case, and
    2. No other case involving the child is pending anywhere else

Step 1 – Start a Case

Filing Jointly

It's easier and cheaper to file the case with the other parent.

 

Filing Separately

If the other parent doesn't agree to file with you, use forms:

 

File Online

Create an account and file your completed forms at:

 Of file in person at your local District Court. 

 

Pay the Filing Fee

Step 2 – Notification

Skip this step if you filed jointly.

 

Personal Service

Review the Instructions (JDF 1099) about formally notifying the other parent about the case.  Then, file the appropriate form:

  • JDF 1033 - Waiver of Service (if the other parent consents)
  • JDF 1034 - Return of Service (after service is done)

 

Step 3 – Response

Skip this step if you filed jointly.

 

Form & File

  • Use form: JDF 1035 – Response to the Petition.
  • Create an account and file the completed form online:
  • Or, file in person at the clerk's office.  The address is at the top of the summons.
    • Then, mail a copy to your spouse.

 

Pay the Filing Fee

 

Step 4 – Next Steps
  1. Read the Case Management Order the Court will give you.
  2. Visit the Initial Status Conference page.  It will outline which forms to prepare.
  3. At that conference, you will be informed about the next steps in the process.

 

Additional Resources