(f) A copy of any complaint seeking legal, physical, or partial physical custody shall be delivered upon the Court Administrator by the party or attorney filing same. Divorce Form "A"
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Divorce Form "B"
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INSTRUCTIONS AND FORMS FOR CUSTODY AND VISITATION ACTIONS
This packet will help you proceed on your own and get an Order concerning custody or visitation. The instructions apply to proceedings only in Wyoming and Sullivan Counties. For further instructions, read the Rules of Civil Procedure applicable to custody cases.
Beforeyou begin, read completelyeach set of instructions.
A.COSTSThere are court costs which you will be required to pay, unless you ask for and are granted in forma pauperis status.
The first cost is the fee for filing the custody complaint with the court. The filing fee is $123.50.
There is also a fee for sending a copy of the complaint, certified mail, to the other parent. You are responsible for these costs.
There may be a fee for making copies of the complaint. You may be responsible for these copies.
There is also the cost of enrolling in the mandatory education program ("Kids First" or "Children Cope with Divorce"). The cost is $50.00.
You should consider these fees before you go further.
B.COMPLETE THE FORMS:COMPLAINT FOR CUSTODY-AFFIDAVIT TO FILE FREE OF COST.
To get an Order concerning custody or visitation, you must complete the forms in this packet.
The first form is a Complaint for Custody ("Complaint"). It gives the Court all the facts it needs to start the action.
The second form is the enrollment for the mandatory education program.
The third form is an Application to Proceed In Forma Pauperis and Affidavit ("Application"). "In Forma Pauperis" is your request to allow the Court, based upon income guidelines, to let you file free of cost. If the court approves your Application, all court costs and fees are waived. IF THE COURT DENIES YOUR APPLICATION, YOU WILL BE REQUIRED TO PAY THE FILING FEE.
The forth form is a Criminal Record/Abuse History Verification ("Verification"). Complete one form for each adult (including yourself) living with you and attach the Verification to your Complaint for Custody. "Adult" refers to anyone eighteen (18) years of age or older.
Complete these forms entirely. Do not leave any blank spaces. Some suggestions:(a) You are the Plaintiff. The other parent is the Defendant.(b) You must fill in the name of the Plaintiff and the Defendant, and the County where the court is located. The Complaint should be filed in the county where the children live.(c) The Complaint and Affidavit are in the forms required by the courts. Some questions and facts are repeated. Nonetheless, all information must be given and all questions must be answered.(d) If you do not know the answer, mark "unknown".(e) On some questions, you are given two possible answers in parenthesis. Cross out the one that is wrong. Write in the correct answer.(f) You must give approximate dates and addresses of the past residences of the children.(g) The forms must be printed in ink or typewritten.
C.FILING AND SERVICE- Once the papers are completely and properly filled out, they must be filed and served. READ THE FOLLOWING INSTRUCTIONS COMPLETELY. 1.FILING(a) The Office of the Prothonotary, or Court Clerk, is on the first floor of the Courthouses in both Wyoming and Sullivan Counties.(b) The original and one copy of the Complaint for Custody must be filed in the Prothonotary's Office. The copy will be sent to the Court Administrator by the Prothonotary.(c) You should also file an original and one copy of the Affidavit.(d) To file, you need to hand the Clerk the papers. They will do the rest.(e) You should keep two copies of the complaint - one to serve on the other party and one for yourself.2.FILING FEE(a) You can pay the filing fee at the time you file.(b) If you cannot pay the filing fee, the Clerk will send your application to file free of cost to the Judge. The Judge will review your affidavit and based upon income guidelines will decide your request. It may take a week.(c)You must give the Clerk a telephone number. The Clerk will contact you when the Judge decides if you are to be granted in forma pauperis status.(d) If the Judge denies your request, you will have ten (10) days to pay the filing fee. If you do not pay, the case will be dismissed.3.SERVICE OF THE COMPLAINT(a) You must give the other party (parent) legal notice that you have filed for custody. This type of notice is known as "service".(b) Service of all Orders and the Complaint is your responsibility. To do so, you must send the Orders and Complaint by certified mail, return receipt requested, to be signed by the ADDRESSEE ONLY. The addressee must be the Defendant. The Post Office can help you send certified mail.(c) Service must be made within thirty (30) days from the date the Complaint is filed in the Prothonotary's Office.4.PROOF OF SERVICE(a) Service is complete once you have received back the green card showing the Defendant has received the Complaint.(b)After service is made, complete form #5 - Certificate of Service.(c) The completed Certificate of Service form must be filed with the Prothonotary. The sender's receipt and green card should be stapled to the Certificate of Service.D.CONFERENCE AND ORDER(a) You will be notified by mail of the date, time and place of the conference with the court.(b) You must attend the conference.(c) The child(ren) should not be brought to the conference.(d) The other party (parent) will be notified of the conference. He/She may attend and ask the court for either custody or visitation.(e) The court will attempt to work out a custody arrangement with both parents.(f) This is not a hearing. You should not bring witnesses. The court will only talk to the parents or a lawyer representing a parent. Click here to view image