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DIRECTIONS FOR COMPLAINT FOR CUSTODY/VISITATION: MONTGOMERY COUNTY
IT IS NOT A GOOD IDEA TO REPRESENT YOURSELF IN COURT FOR
CUSTODY IF THERE IS GOING TO BE A FIGHT FOR THE CHILDREN
-- YOU SHOULD GET AN ATTORNEY!
***Unless you already have a child support order
through Child Support Enforcement (4th floor), you must pick up
the child support guidelines worksheet from the clerks in
Domestic Relations. These should be completed before
your case comes to court.
1. Complete the following forms:
Civil - Domestic Case Information (DCI) Report
Complaint for Custody/Visitation
Financial Statement (unless you already have a child support
order -- you can also use the one for your Motion for Waiver if
you file one)
***If you are requesting a waiver of prepayment of fees:
Complete: Motion for Waiver of Prepayment of Fees
Financial Statement
FILE the original Motion & Financial Statement at the Civil
Desk (1st Flr)
You can call the clerk in five days to see if this motion has
been granted.
2. Make 2 copies of DCI Report, Complaint, Financial
Statement.
3. FILE the original of the above forms at the Civil Desk
on the first floor.
(DCI Report, Complaint, Financial Statement)
A FILING FEE AND A MASTER'S FEE ARE REQUIRED AT THIS TIME.
*** If your motion for waiver of fees was granted, you must file
that granted motion along with the DCI Report, Complaint, and
Financial Statement at this time in order to avoid paying the
fees.
*** If you plan to serve the other party out of state, ask the
clerk for a summons for 60 days. If you plan to serve the other
party out of the country, ask the clerk for a 90 day summons.
4. The court will issue a Writ of Summons which will be
sent to your home in 5 - 10 days. You should receive 3
copies of this form; if you do not, then make 3 copies.
5. SERVICE: It is
very important that you do service correctly. If you do not, then
the court may dismiss your case.
PUT TOGETHER YOUR SERVICE PACKAGE.
Attach the original copy of the summons to one copy of all
of the forms that you filed with the court. (Summons, DCI Report,
Petition, Financial Statement)
CHOOSE ONE OF THE FOLLOWING METHODS
Certified Mail, Restricted Delivery, Return Receipt Requested.
Any adult over the age of 18, NOT YOU, may take the service
package to the post office to mail it as above. Then that person
must fill out an Affidavit of Service (Certified Mail). Once the
post office has returned the green card, check the signature. If
the signature is not correct, service has not been completed -
you must try again. If the signature is correct, attach the green
card and a copy of the summons to the Affidavit of Service and
FILE it at the Civil Desk.
Sheriff. The Sheriff's office will deliver the service
package and complete the Affidavit for a fee somewhere around $30
or $40.
Private Process by a Process Server. You can check in your
phone book or with any local attorney to find a process server.
For a fee this person will deliver the service package for you.
You must get them to complete an Affidavit of Service (Private
Process). Then, FILE the Affidavit with a copy of the summons
attached at the Civil Desk.
Private Process by a Friend. Any adult over the age of 18,
NOT YOU, may hand deliver the service package to the opposing
party. They may not leave the package on their doorstep,
with a roommate or with a relative. The service package must be
put in their hand. Then that person will complete an Affidavit of
Service (Private Process). You must FILE the Affidavit of Service
along with a copy of the summons at the Civil Desk.
6. ANSWERING: The other party has time to answer
as stated on the summons. If they do not answer in the correct
amount of time, you may come back to ask for the Order of Default
form. You must have done service correctly before this Order
will be granted.
7. REMEMBER:
When you come to court you should have:
Completed Child Support Guidelines Worksheet
A copy of any previous child support order
Your last 3 pay stubs
Your last 2 tax returns
Any witnesses that you think may help the court to see why this
is in the best for your (children).
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