Free Legal Child Custody Checklist

Determine the type of custody arrangement being pursued (physical, legal, joint, sole)

Gather all relevant documents (birth certificates, medical records, school records, etc.)

Evaluate your current living situation and its suitability for the child.

Research state laws regarding child custody and visitation

Decide whether to hire an attorney or pursue a self-represented approach.

File a petition for custody with the appropriate family court

Pay any filing fees (varies by state and court)

Serve custody papers to the other parent (if applicable)

Ensure the other parent acknowledges receipt of the petition.

Request temporary custody orders if needed (e.g., during the divorce or before a hearing)

Attend a hearing for temporary custody orders if required.

Follow the court’s temporary custody orders until the final decision is made.

Attempt to reach an agreement through mediation or negotiation with the other parent.

Attend a mediation session if required by the court.

Work with a mediator to draft a parenting plan if possible.

Ensure any agreement made is in the child’s best interest.

Hire or consult with a child custody evaluator (if required by the court)

Provide the evaluator with the necessary documents and information.

Attend meetings or interviews with the evaluator, as requested.

Review and discuss the evaluator’s report with your attorney (if applicable)

Prepare for the custody hearing by organizing documents and evidence

Present your case clearly and respectfully to the judge.

Submit any evidence that supports your position (e.g., witnesses, financial records, living conditions)

Attend the custody hearing or trial and follow court procedures.

Review the final custody order carefully to ensure accuracy

Ensure that both parents sign the custody agreement or order.

Submit the final custody order to the court for approval and filing.

Obtain a certified copy of the final custody order.

Implement the parenting plan (custody, visitation, holiday schedules)

Ensure the child’s welfare and needs are met according to the custody order.

Update legal documents (e.g., wills, guardianship arrangements) to reflect custody changes.

Maintain regular communication with the other parent about the child’s well-being.

Follow all legal obligations regarding child support and custody visitation.