Custody Department

This guide explains the custody process from filing through final resolution. It follows the same flow as the court’s custody process chart and helps both self‑represented parties and attorneys understand what to expect.

1. Start the Custody Action

To begin, you must file one of the following with the Department of Court Records:

• Custody Complaint
• Custody Modification
• Civil Contempt Petition

All required filing fees must be paid.

After filing, you must serve the other party with the custody action and provide the court with proof of service.

2. Alternative Dispute Resolution Stage

Scheduling and Required Class
After the case is filed and service is completed, the court will issue a Scheduling Order.
All parties must also complete the Online Education Class.

Mediation
The parties then participate in Mediation.

• If the parties reach an agreement:
  A Memorandum of Understanding (or a Memorandum of Understanding that is converted into a custody order) is created.
  The process ends here.
• If the parties do not reach an agreement:
  The case moves on to Court Case Management.

3. Court Case Management Stage

The case will proceed through one of the following:

A. Interim Relief Hearing

• If agreement is reached:
  The court issues a Consent Order of Court.
• If no agreement is reached:
  The court may issue an Interim Court Order, and the case continues to litigation.

B. Conciliation

• If agreement is reached:
  The court issues a Consent Order of Court.
• If no agreement is reached:
  The case continues to litigation.

4. Litigation Stage

Once in litigation, the case may proceed in one of two ways:

A. Partial Custody Hearing

A hearing is held, and the court enters a Final Order.

B. Judicial Conciliation and/or Psychological Evaluations

These may lead to a Custody Trial, after which the court enters a Final Order.