Custody Order Petition Form

CUSTODY ORDER PETITION

County:    Case Number:

Petitioner Name:    Petitioner Address:

Respondent Name:    Respondent Address:

RECITALS

WHEREAS, Petitioner is the parent or legal guardian of the minor child(ren) named below and seeks an order establishing custody, parenting time, and related relief to protect the best interests of the child(ren); and

WHEREAS, Respondent is the other parent or person having or claiming parental rights and responsibilities and is subject to the jurisdiction of this Court by virtue of residence, acts, or service of process as set forth herein; and

WHEREAS, immediate and orderly determination of custody, legal decision-making, parenting time, and temporary provisions for support, health care, and schooling is necessary to protect the welfare of the child(ren).

NOW THEREFORE, Petitioner respectfully petitions the Court for entry of an order as set forth below.

1. JURISDICTION

The Court has jurisdiction over this action pursuant to applicable statutes because the child(ren) reside in this county or because sufficient contacts exist to permit exercise of jurisdiction. Petitioner alleges that jurisdictional prerequisites have been met and will provide evidence at hearing.

2. PARTIES

Petitioner Relationship to Child(ren):    Respondent Relationship to Child(ren):

3. CHILD(REN)

Child 1 Name:    DOB:

Child 2 Name:    DOB:

Child 3 Name:    DOB:

4. RELIEF REQUESTED

Petitioner requests the following relief (select applicable): Joint legal custody (shared decision-making) Sole legal custody to Petitioner Joint physical custody Primary physical custody to Petitioner

Proposed Primary Residence:

5. TEMPORARY ORDERS

Petitioner requests temporary orders pending final hearing including, but not limited to, temporary custody and parenting time as set forth above, temporary child support, and temporary orders regarding health insurance and educational decision-making. Petitioner seeks these temporary orders on the grounds that immediate relief is necessary to protect the welfare of the child(ren).

6. PARENTING DECISION-MAKING

Petitioner requests the Court allocate parental decision-making authority in the best interests of the child(ren). Petitioner proposes the following scope of decision-making authority:

7. CHILD SUPPORT AND EXPENSES

Petitioner requests child support be determined under applicable guidelines, and that insurance, uninsured medical expenses, childcare, and extraordinary educational expenses be apportioned as follows:

8. SERVICE OF PROCESS

Petitioner requests the Court authorize service of process upon Respondent at the following address and by the following methods:

Method of Service: Personal service Substitute service Certified mail

9. BEST INTERESTS OF THE CHILD(REN)

Petitioner alleges that the custody and parenting plan proposed herein is in the child(ren)'s best interests. Factors to be considered include the child(ren)'s age, health, emotional ties to each parent, each parent's ability to provide care, history of abuse or neglect, stability of each home environment, and any history of substance abuse or criminal activity.

10. HEARING

Petitioner requests that the Court set this matter for an expedited hearing if the Court finds emergency or urgent circumstances exist. Proposed hearing date:

11. ATTORNEY FEES AND COSTS

Petitioner requests that the Court reserve jurisdiction to award attorney fees and costs to the prevailing party or to apportion fees based on the parties' respective financial resources and conduct in the litigation.

12. NOTICES

13. MISCELLANEOUS PROVISIONS

Governing Law: This Petition and any order entered hereunder shall be governed by the laws of the State in which this Court sits and by applicable federal law.

Entire Agreement: This Petition, together with any orders entered by the Court, constitutes the entire statement of Petitioner\'s requests for relief under this filing and supersedes any prior informal agreements relating to custody and parenting time unless expressly adopted by Court order.

Severability: If any provision of an order issued pursuant to this Petition is held invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

Amendments; Waiver; Counterparts: This Petition may be amended by written filing with the Court. Failure to assert any right or remedy is not a waiver of that right. This Petition may be executed in counterparts.

14. VERIFICATION

I, the undersigned Petitioner, declare under penalty of perjury under the laws of the State that the foregoing is true and correct to the best of my knowledge and belief and that I am entitled to the relief requested herein.

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