![]() The judge can also order a homestudy or ask that a guardian ad litem be appointed to represent the child. The judge can make suggestions that might help to resolve the case. If the parties do not try mediation or fail at mediation, the parties, through their attorneys, can request a conference with the judge at the first court date. You should consult your own attorney to make sure that the memorandum of understanding is in your best interest. The judge will then have a copy at the next court date and can make it into a court order. If the mediator helps the parties come up with a memorandum of understanding, the mediator will put the memorandum in the court’s file. If the Defendant answers the case, and there is not a restraining order between the parties, a court mediator will call the parties to set up an appointment. ![]() Once you have served the Defendant, make sure that you file the completed summons with the clerks’ office. Read the section on The Basic Divorce Process for more information on service. The clerk will give your case a docket number and a first court date and will give you back the summons, complaint, and information packet to be served on the Defendant. If the court grants you in forma pauperis status, the court will waive the filing fee. If you cannot pay the filing fee, you should file for in forma pauperis status. If you do not qualify for Legal Services representation, you may contact the Volunteer Lawyer Program or Lawyer Referral Services to find an attorney you can afford.Ī miscellaneous petition or complaint for custody is filed by submitting to the family clerk the following documents: the complaint for custody, a dr6, the family services counseling form, the summons, and the filing fee. Because a custody case can permanently affect your rights to your child, you should consult an attorney. This Section is intended as a brief overview, and is not intended as a guide to performing your own custody case.
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