How to Determine Child Custody During Legal Separation

Intermediate 45 min 22 steps 26207 views Rating: 3.9/5 Published: 2026-04-20

Decide what you want.. Talk with the other parent.. Discuss physical custody.

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Steps

1

Decide what you want.

Step 1

Decide what you want.

2

Talk with the other parent.

Step 2

Talk with the other parent.

3

Discuss physical custody.

Step 3

Discuss physical custody.

4

Reach agreement on other important issues.

Step 4

Reach agreement on other important issues.

5

Draft a parenting plan.

Step 5

Draft a parenting plan.

6

Participate in mediation, if necessary.

Step 6

Participate in mediation, if necessary.

7

Show the plan to an attorney.

Step 7

Show the plan to an attorney.

8

File your parenting plan with the court.

Step 8

File your parenting plan with the court.

9

Get a signed order from the judge.

Step 9

Get a signed order from the judge.

10

Discuss your case with a lawyer.

Step 10

Discuss your case with a lawyer.

11

File for legal separation.

Step 11

File for legal separation.

12

Serve your paperwork on the other parent.

Step 12

Serve your paperwork on the other parent.

13

File a proof of service.

Step 13

File a proof of service.

14

Receive the parent's response.

Step 14

Receive the parent's response.

15

Stay in contact with your children.

Step 15

Stay in contact with your children.

16

Get your witnesses lined up.

Step 16

Get your witnesses lined up.

17

Observe a child custody hearing.

Step 17

Observe a child custody hearing.

18

Understand what you must prove.

Step 18

Understand what you must prove.

19

Present your evidence at the hearing.

Step 19

Present your evidence at the hearing.

20

Listen to the other parent's evidence.

Step 20

Listen to the other parent's evidence.

21

Receive the judge's order.

Step 21

Receive the judge's order.

22

Think about appealing.

Step 22

Think about appealing.

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