Filing for Child Custody in Washington, DC
Filing for child custody means you ask the court to issue a custody order. In three steps, you can file for custody on its own or as part of a divorce or legal separation case.
If you hire a lawyer, they will file for you. Otherwise, follow the steps below.
Requirements to file for custody, divorce or separation in DC
You can get a custody order in Washington, D.C. if either of these is true:
- Your child has lived in D.C. for at least the last six months.
- Your child previously lived in D.C. and has now lived outside the District for less than six months while a parent continued to live there.
You can file for divorce or legal separation if either of these is true:
- At least one spouse has been a bona fide resident of D.C. for at least the past six months.
- You married in D.C., and neither spouse resides in a jurisdiction that will hear your case.
A third party (like a grandparent, or an aunt or uncle) can file for custody if any of these are true:
- The child's parent who has been the caretaker for at least three years agrees to it.
- The nonparent acted in a parental role for four of the past six months and cared for the child.
- The child is already living with the nonparent, who needs custody to protect the child.
Step 1: Fill out your forms
You can find court forms online. Some forms you can generate by completing an online interview. Complete the forms for your case type:
| Forms for divorce | Forms for separation | Forms for custody only |
|---|---|---|
| Complaint for Absolute Divorce | Complaint for Legal Separation | Complaint for Custody and/or Visitation |
| Attachment A (Marital Property) | Attachment A (Marital Property) | Petition to Establish Parentage and/or Child Support |
| Attachment B (Child Custody) | Attachment B (Child Custody) | |
| Attachment C (Child Support) | Attachment C (Child Support) |
Though not always required, creating a parenting plan with a custody schedule is recommended. Even if the other parent doesn't agree to the plan, this shows the court what you think is best.
If you have an agreement, check the appropriate box on the complaint.
Make two extra copies of each form — one set to give to the defendant and one to keep for your records. (The parent who starts the case is the plaintiff. The other parent is the defendant.)
Step 2: Give your forms to the court
Many parents file in person. Take your forms to the Family Court Central Intake Center, located in the D.C. Superior Court. Alternatively, you can file the forms online.
If you can't afford the filing fee, include a fee waiver application (Application to Proceed Without Repayment of Costs, Fees or Security).
The clerk will stamp your documents and give you a Summons that includes the case information.
Step 3: Serve the other parent
Service is how the other parent officially learns that you've started a case. You have 60 days after the court issues the Summons to give the defendant copies of it and the forms you filed.
LawHelp.org's guide on how to serve will help you through the process.
If the defendant lives in D.C., they have 21 days to respond to your complaint with an Answer. If you have an agreement, they can file a Consent Answer for your case type. If the defendant does not respond, the court may grant you a default order for your case type.
Preparing for what's next
The next stop in your case is an initial hearing.
Custody software helps you prepare for your initial hearing and beyond.
The Custody X Change online app offers a parenting plan template, custom custody calendars, parent-to-parent messaging, an expense tracker and more. You can use it to put together proposals for the other parent, prepare settlement paperwork or organize evidence.
Be prepared for your hearing and every step of your case with Custody X Change.
Our professional sources
We'd like to thank these legal professionals for their help.
Jenna Moheyer
Washington, D.C.
Pawnee Davis
Washington, D.C.
More resources
For more help, you can turn to:
Frequently asked questions
What happens after I file?
You'll have an initial hearing 60 to 90 days after filing. Here the judge can:
- Approve your custody agreement
- Send you to mediation
- Assign a custody evaluator or guardian ad litem
- Set deadlines for discovery
- Issue temporary orders
How long does it take to get a custody order?
If you have an agreement, you can get a final custody order within weeks of the initial hearing if the judge's calendar allows. If you need to go to trial, expect your case to last six months to over a year. The more contentious your case, the longer it will take.
Who gets custody while the case is ongoing?
The judge may decide to issue a temporary custody order at the initial hearing to prevent conflict. If the judge does not, you can fill out a Motion for Temporary Custody to request a temporary custody order. The judge will consider how well the temporary schedule worked when making a final decision.
How does the judge decide custody?
The judge bases their decision on the best interests of the child. They consider factors like parental fitness and each parent's relationship with the child. Gather the best evidence for custody to increase your chances of getting the custody arrangement you want.