File a petition to the Clerk's Office of the Superior Court of the county where the respondent resides. You must complete and sign all required paperwork.Check the paragraphs below that apply to your case. To petition for emergency custody, draft a Motion for an Emergency Hearing explaining the urgent issue, and file it with the court. You can file a petition for child custody in your county's Superior Court. If you are divorcing, the petition will be included in your divorce papers. The court's clerk's office or website will provide information on required forms and procedures. 1. Fill out the forms. The attorney can file a petition for an emergency hearing to establish temporary custody of the kids with you. Disclaimer. To secure a protective order, you must complete and file an initial petition with the Superior Court in the county in which the Defendant resides.