Complaint for Custody/Support/Parenting Time Checklist

1. Should you file a Complaint for Custody/Support/Parenting Time?

1. Should you file a Complaint for Custody/Support/Parenting Time?

• If Paternity has already been established
  • Example: Father is listed on the birth certificate

File if you want to:

• Establish rights between unmarried parents
• Determine who will care for the child and make major decisions for the child
• Determine whether a non-custodial parent will pay child support
• Determine parenting time for non-custodial parent
• Establish a regular parenting schedule
• Describe transportation to and from parenting

Note: It is very rare to get no parenting time.  It can happen if non-custodial parent has abused child

Yes No

2. Types of Custody

2. Types of Custody

Sole legal custody

• One parent has the right to make major decisions for the child's welfare, like education, medical care and religion.
• Shared legal custody
• Both parents have the right to participate in these major decisions for the child's welfare.

Sole physical custody

• Child lives with one parent, subject to reasonable parenting time with the other parent (unless the court decides that parenting time would not be in the best interest of the child).

Shared physical custody

• Child has periods of living with each parent, and physical custody is shared by the parents to give the child frequent and continued contact with both parents.

3. Do you know who gets custody?

3. Do you know who gets custody?

• When the parents are not married to each other, the mother has sole legal and physical custody unless a court orders otherwise.
• Even if the father has formally acknowledged paternity
• The court awards custody based on “the best interests of the child." In making this determination the Court attempts to preserve the relationship between child and primary caretaker and considers where and with whom they have lived for the prior 6 months.

Yes No

4. Is all the information on the Complaint?

4. Is all the information on the Complaint?

• Client’s information
• Client’s relationship to the child
• Child’s information
• Defendant’s information
• Client may request that the court determine:
  • Child support
  • Health insurance
  • Custody
  • Parenting time

Yes No

5. Did you file all the forms?

5. Did you file all the forms?

• Complaint for Support-Custody-Parenting Time
• A document proving paternity, such as an original birth certificate with the father’s name on it, a judgment adjudicating paternity, or a signed Voluntary Acknowledgement of Paternity 
• Affidavit of Care and Custody
• Affidavit of Indigency (if needed)
• Financial Statement (if seeking child support)
• Child Support Guidelines Worksheet (if seeking child support)
• Motion for Temporary Orders (if needed)

Yes No