Legal Custody Petition

LEGAL CUSTODY PETITION

IN THE FAMILY COURT OF: Court Name: County: State:

Case Number:

Petitioner Name: , Address:

Respondent Name: , Address:

RECITALS

WHEREAS, Petitioner is an individual residing at the address set forth above and is properly before this Court to seek custody of the minor child(ren) listed herein; and

WHEREAS, Respondent is an individual residing at the address set forth above and is alleged to be a parent or person with legal standing concerning the minor child(ren); and

WHEREAS, it is in the best interests of the minor child(ren) that the Court adjudicate legal and physical custody, parenting time, decision-making authority, and related relief as set forth below.

NOW, THEREFORE

Petitioner hereby petitions this Court and alleges under penalty of perjury the following:

1. JURISDICTION

1.1 This Court has jurisdiction over the subject matter and the parties pursuant to the state's family law statutes because the minor child(ren) reside primarily in this county and the acts and omissions giving rise to this petition occurred within this jurisdiction.

2. PARTIES

2.1 Petitioner: . Contact telephone: .

2.2 Respondent: . Contact telephone: .

3. MINOR CHILD(REN)

4. RELIEF SOUGHT

4.1 Legal Custody (decision-making): Petitioner requests that the Court enter an order awarding:

Joint legal custody (shared authority over major decisions)   Sole legal custody to Petitioner   Sole legal custody to Respondent

4.2 Physical Custody (residence and parenting time): Petitioner requests that the Court enter an order awarding:

Primary physical custody to Petitioner   Primary physical custody to Respondent   Shared physical custody / Parenting time schedule to be determined

5. BEST INTERESTS FACTORS

5.1 Petitioner alleges that the following factors, among others recognized by statute and case law, support the requested custody arrangement: the child's health, safety and welfare; continuity of care and primary caretaker role; the child's relationship with each parent and siblings; each parent's ability to provide for the child's needs; history of abuse or neglect; the child's adjustment to home, school and community; and any other factor the Court deems relevant.

6. TEMPORARY ORDERS

6.1 Pending final hearing, Petitioner requests temporary orders concerning custody, exclusive possession of the residence, temporary child support, temporary decision-making authority for health and education, and any emergency relief necessary to protect the minor child(ren).

Check any temporary relief requested:

Exclusive possession of primary residence   Temporary child support   Restraining or no-contact order

7. SERVICE AND NOTICE

7.1 Petitioner requests that the Court order that Respondent be served with this Petition and all future orders in accordance with the applicable rules of civil procedure, and that all notices and documents be delivered to the addresses provided above unless a party notifies the Court in writing of a different address.

Personal service   Certified mail   Email service (if available)

8. ATTORNEY FEES AND COSTS

8.1 Petitioner requests that the Court reserve jurisdiction to award reasonable attorney fees and costs, including fees for obtaining temporary relief, to the prevailing party or as equity and the best interests of the child(ren) require.

9. RELIEF REQUESTED

WHEREFORE, Petitioner respectfully requests that the Court enter judgment as follows:

1. Grant the custody arrangement requested in Section 4;
2. Enter such temporary orders as are necessary to protect the minor child(ren) pending final hearing;
3. Award attorney fees and costs as justice requires; and
4. Grant such other and further relief as the Court deems just and proper.

10. VERIFICATION

I, the undersigned Petitioner, declare under penalty of perjury under the laws of this state that the foregoing is true and correct to the best of my knowledge, information and belief.

MISCELLANEOUS PROVISIONS

Governing Law: This Petition and any orders issued hereunder shall be governed by the laws of the State identified above.

Entire Agreement: This Petition contains the entire statement of the Petitioner with respect to the relief sought herein and supersedes all prior oral or written statements or agreements concerning the matters alleged.

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

Amendments and Waiver: This Petition may be amended in writing. Failure to assert any right or claim under this Petition shall not constitute a waiver of that right or claim.

Counterparts: This Petition may be executed in counterparts, each of which shall be deemed an original.

NOTICES

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