Filing a Case
You will learn:
1. The forms.
2. How to file.
3. Where to file.
4. Giving notice.
1. Forms
- All Forms
- Your Request
Depending on your situation, you may need some or all of these forms. See below for more information.
1. Motion to Intervene - JDF 1704
2. Pleading Affidavit for Grandparent or Great-Grandparent Visitation - JDF 1701
- PDF | WORD
- Tell the court why visitation is best for the child(ren).
- List the facts that support your request.
- Give information about what visits you are asking for, including:
- days
- times
- transportation
- anything else specific
3. Order to Intervene - JDF 1705
4. Order for Grandparent or Great-Grandparent Visitation - JDF 1702
5. Motion for Change of Venue - JDF 1323
- PDF | WORD
- Ask the court to change location of court case.
- In this case it should be the location where the child lives.
6. Order for Change of Venue - JDF 1324
7. Fee Waiver Request - JDF 205 & 206 (Optional)
- Sample | PDF Fillable | WORD: 205 - 206
Note:
- You will use forms 1-4 if you are filing into a case that already exists and the child lives in the county where the case is.
- You will use forms 1-6 if you are filing into a case that already exists and the child does not live in the county where the original case was filed.
- You only need forms 2 & 4 when the child's parent(s) have died and either no case exists or a probate case is open or closed.
You will file form 7 if you want to ask the court to waive your filing fee.
2. Terms
-
Petitioner
-
The parent who started the case.
-
Respondent
-
The parent who responded after the case was first filed.
-
Intervenor
-
A person who enters into a court case that already exists.
-
Change of Venue
-
Change location of court case.
3. File the Paperwork
-
File Where?
-
File in the existing court case related to the child.
- The types of case where the child is involved could be:
- divorce case ;
- legal separation;
- custody;
- annulment;
- juvenile case that includes custody or paternity;
- juvenile case that involves a dependency and neglect and child is placed outside of family and does not live in the parent's home;
- the parent(s) of the child have died and a guardianship case is open or closed;
- the parent(s) of the child have died and a probate of an estate is open or closed or no case exists
Tip:
- The divorce, legal separation, custody and annulment cases will have a DR in the case number.
- The juvenile cases will have a JV in the case number.
- The guardianship and probate cases will have a PR in the case number.
File in the county where:
- The court case already exists.
- If no case exists, and the parent(s) has died, file in the county where the child lives.
- The types of case where the child is involved could be:
-
File What?
-
- Motion to Intervene - JDF 1704
- Order to Intervene - JDF 1705
- Pleading Affidavit for Grandparent Visitation - JDF 1701
- Order for Grandparent Visitation - JDF 1702
- Motion for Change of Venue - JDF 1323
- Order for Change of Venue - JDF 1324
**File all or some depending on your situation.
-
What do I Pay?
-
To Intervene into the Case
- $234, if applicable. Or,
- File a Motion to Waive Fees - JDF 205.
- Note - Fees cannot be waived if E-Filing.
**No filing fee required in either a probate guardianship or estate case or a dependency and neglect case.
Per-Filing Fee
- For electronic filings only.
- $12 Convenience Fee.
- $7.50+ Service Fee.
-
How do I File?
-
By Mail
- Pay by check.
At the Courthouse
- Pay with cash, check, or card.
- Check your Court for card types accepted.
By E-Filing
- Set up an account.
- Only available in some counties.
- Pay by card.
- You cannot waive fees if filing electronically.
4. Give copies to the parent(s)
You must give the paperwork to the child's parent(s) or any other person who has legal custody of the child.
You can give the paperwork by:
- handing it personally
- by mail
- by fax
- or through the e-filing system (if applicable in your county)
Note: You must fill out the Certificate of Service.
- This lets the court know how you gave the paperwork to other parties.
- The Certificate of Service is located at the bottom of the Motion and Affidavit forms.