Custody Court: How it All Works, According to an Attorney

Custody cases can feel overwhelming, especially for parents facing the custody court system for the first time. While every case is unique, most follow a set of common procedures:

1. Determine where (and how) to file for custody. Confirm the correct court and jurisdiction (usually where the child has lived for the past 6 months).
2. File the right motions. Submit motions for custody, parenting time, and related issues (supporting affidavits are often required).
3. Pay filing fees (or request a waiver). Each case has filing costs; some parents may qualify for fee waivers.
4. Attend the initial pretrial. The court schedules a pretrial to identify issues and next steps (not an evidentiary hearing).
5. Prepare for additional pretrials. Courts may schedule multiple pretrials to encourage resolution before trial.
6. Participate in the evidentiary hearing (aka the trial). Present evidence, witnesses, and arguments; the judge reviews both sides.
7. Wait for the judge’s decision. A final ruling is issued after careful review (often weeks or months later).
8. Understand the timeline. Custody cases typically take 6–9 months from start to finish, depending on the court’s schedule.

Understanding these steps can make going to court feel less intimidating and help you prepare for what lies ahead. Let’s break them down.

When (and where) a parent can file for custody

The first step in any custody case is determining where to file.

It’s important to remember that custody laws and procedures vary by state, and even by county. Before filing, parents should visit their local court’s website to review the rules, filing deadlines, and trial procedures. Most custody courts provide standard forms online, and many states also offer statewide versions. Using these forms is perfectly acceptable – you don’t need to reinvent the wheel when it comes to the paperwork. In addition, there are different organizations that will provide resources for parents representing themselves in litigation.

A few additional notes about filing for custody:

• In some states, married and unmarried parents may have to file in different courts, so it’s always a good idea to call the clerk’s office or check the custody court’s website to confirm the proper jurisdiction.
  
• Generally, custody cases must be filed in the state where the child has lived for the past six months. If the child recently moved, the previous state may still have jurisdiction until the six-month period has passed. After that, the child’s current state will usually take over.
  
• If a parent doesn’t have a set parenting schedule, or if they’re being denied time with their child, it’s important to file for custody and parenting time as soon as possible. Custody court dockets are often crowded, and hearings may not be scheduled for weeks or even months. Filing promptly helps protect your rights and ensures that valuable time with your child isn’t lost.

What to file with the court

When a parent files a motion in a custody case, the court will review it and issue a ruling – sometimes with a hearing, and sometimes without. A motion is essentially a formal request asking the court for specific relief, such as custody, parenting time, child support, or even tax exemptions. To strengthen a motion, it’s best to include a supporting affidavit that lays out the facts and is signed before a notary.

Most courts also require a parenting affidavit confirming that the child has lived in the state for at least the past six months. This form is usually available on the court’s website, though some courts may not require it at the initial filing stage. This is why carefully reviewing the court’s local rules is so important.

Furthermore, bear in mind that custody and parenting time are related but legally separate issues. To protect your rights, it’s important to file a motion for custody and a separate motion for parenting time. This ensures that both matters are properly before the custody court. While custody and child support are often handled in separate proceedings, some custody courts may choose to address them together for efficiency.

Finally, if the custody case is a new filing and the parents are not married, the custody court will also require proof of paternity for the father. This will include not only a birth certificate but a prior order establishing paternity, an affidavit of acknowledgment, or documentation from the state’s paternity registry.

Who pays court costs in child custody cases?

Each custody case requires a filing fee, which can vary depending on the custody court and the type of motion being filed. Some motions have a set cost, so it’s important to file the correct motion to ensure the court schedules it properly.

Throughout the case, additional court costs may be assigned, and the filing fee you pay is typically applied toward your portion of those costs at the conclusion of the proceedings. Typically, the custody court divides court costs equally between the parties.

In rare cases, one party may be required to pay more if they cause delays or file repetitive motions. For court costs, waivers are accepted for indigent parties through poverty affidavits.

After I file with the custody court… what happens next?

After filing their motions, the custody court will schedule an initial pretrial or hearing. Procedures vary by court, but typically a pretrial is held first to address the issues before moving to a full hearing.

A pretrial is not an evidentiary hearing – you generally won’t need to present exhibits or call witnesses. However, it’s important to be prepared to clearly explain the basis of your motion and the reasons behind it. Custody courts focus on specific facts and examples, particularly those that affect the child’s well-being. And while it can be difficult to stay calm, parents should rely on consistent, factual events rather than emotions when presenting their case.

The custody court may schedule additional pretrials to explore possible resolutions. Depending on the court’s schedule, these pretrials can be spaced 30 to 90 days apart, which can extend the overall timeline of the case.

After the initial pretrial – and any additional pretrials – the court will schedule an evidentiary hearing, which is the trial. If a parent is representing themselves, they are held to the same standards as a lawyer and are therefore expected to:

• Follow the rules of civil procedure
• Follow rules of evidence
• Adhere to local court rules
• Be prepared to present witnesses and evidence – such as photos, text messages, school reports, or medical records.

How long does custody court take?

During the trial, each side can present their case. The judge will consider all the evidence and arguments before issuing a decision. Parents should be aware that the court’s decision is not given immediately; it may take several weeks or even months to receive the ruling.

So, how long does custody court take, overall? Considering the court’s schedule, efforts to resolve the matter, and the time needed for the judge to issue a decision, a custody case can take anywhere from six to nine months from start to finish.

The bottom line on custody court

Navigating a custody case can feel overwhelming, but understanding the divorce and custody processes – and preparing the right documents – can make it more manageable. Parents should also be prepared to talk to their children about the process too.

Parents should begin by identifying the correct court and filing the necessary documents. It’s equally important to understand filing fees, court costs, and the expected timeline for the case. Being prepared for pretrials, hearings, and the eventual evidentiary trial – while organizing witnesses and evidence – can help present a clear, fact-based case.

Thus, by following standard procedures and staying organized, parents can navigate the court system more confidently while focusing on what matters most: the well-being of their children.