If a couple with children is not married, but are separating, the significant other that is requesting custody must file for child support and custody if the other partner also wants custody of the children.
1. Draft a petition if this is a new action. If you have already filed a petition for dissolution of marriage, draft a motion. The petition and the motion both ask for the same relief, but a petition is needed to open a case. A motion is used when there is an existing case.
2. Create the heading of the case by including the court information, the parties’ names and the case number. If you are drafting a petition, you will not have a case number until you actually file the action. Leave the case number blank. If you have an open action, copy the heading on the petition for dissolution of marriage.
3. Number each paragraph. Each paragraph is composed of one allegation. In the first paragraph, state the names and dates of birth of the children. For married couples, state that the children were born of the marriage. For unmarried couples, state that the children were born of an unmarried union. If you are the mother, state that the father has accepted the children as his own. If you are the father, state that you are the biological father of the minor children.
4. Add subsequent paragraphs outlining why you should have custody. If you feel the other parent is an inadequate parent, you must include these allegations. The allegations must be true. If the other parent is just as good a parent as you are, you can only request custody and child support—do not make false allegations in an attempt to gain custody. Instead, for example, you might state that the child is used to living in this area and has friends if the other spouse is moving out of the school district.
5. Add a certificate of service at the bottom if you are filing a motion. The certificate of services states that you swear to send a true and correct copy of the motion to the other parent or her lawyer.
6. Sign the document in front of a notary public and have the document notarized. If you are filing a new action and are drafting a petition, you must complete a summons. The summons form is available through the clerk of court, either in person or online. Fill out the summons with the case heading and the other parent’s address. Make two copies of the documents.
7. Bring the documents (including the copies) to the clerk of court. If you are filing a motion in a current divorce action, the clerk will stamp the original and the copies. You must mail a copy of the motion to the other parent. If you are filing a new action (petition), the clerk will stamp the petition and sign the summons. Staple a copy of the summons to a copy of the petition. Bring it to a process server. The process server will serve the other party.
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