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DIRECTIONS FOR COMPLAINT FOR
CUSTODY/VISITATION: BALTIMORE CITY
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!
1. FILL OUT the following forms:
Civil - Domestic Case Information (DCI) Report
Complaint for Custody/Visitation
Financial Statement (unless you already have a child support
order)
***If you are requesting a waiver of prepayment of fees:
Complete: Motion for Waiver of Prepayment of Fees
Financial Statement
2. COPIES: Make 2 copies of DCI Report, Complaint,
Financial Statement (Motion for Waiver).
3. FILE the original of the above forms at the Clerk's
Office (Room 462).
(DCI Report, Complaint, Financial Statement, Motion for Waiver)
a. Be prepared to pay an $80 filing fee (the
clerk's office does not accept personal checks).
Or
b.If you are filing a Motion for Waiver of Fees, you must file
that Motion along with the DCI Report, Complaint and Financial
Statement in order to avoid paying the fees. In 5 days, you can
call to see if this Motion has been granted.
**If the other party will be served in another state, ask the
clerk for a writ of summons for 60 days when you file.
**If the other party will be served in another country, ask
the clerk for a writ of summons for 90 days when you file.
4. WRIT OF SUMMONS: The Writ of Summons tells
the other party that they have time to answer your complaint in
writing.
* 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. [One copy is for your records; one copy must be
returned to the court with the Affidavit of Service (below); and
the original copy must be served on the other party
(below).]
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,
Complaint, Financial Statement)
CHOOSE ONE OF THE FOLLOWING METHODS OF SERVICE
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 correct, attach the green card and a copy of the
summons to the Affidavit of Service and FILE it at the Civil
Desk. You must have the correct signature on the green card for
service to be correct.
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.
FILL OUT: Request for Master's Hearing.
You must make 2 copies of this form. Mail one copy to
the opposing party(parties) the same day you file the form. Keep
one copy for your records. FILE the original form with your
Affidavit of Service if you have temporary issues the court needs
to decide before your hearing. OTHERWISE, FILE the original form
after the Answer or along with your Request for Order of Default.
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 Request for Order of Default form. You
must have done service correctly before this Order will be
granted.
7. Parenting Classes: You may be required to
attend Parenting classes before your hearing.
8. 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 AND Your last 2 tax returns
Any witnesses that you think may help the court to see why this
is in the best for your child(ren).
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