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 link provided will send you to the accepted legal decision making and parenting plans ( custody ) for your location. In most situations, you can file for custody in the "home state" of the child. My son has no rights at all, because he has not gotten legitimatized. What petition form do we need to complete to 'transfer' full custody? You will still need to file a "Petition to Change Custody. " These forms are available at the Self-Service Center. FindLaw links to state-specific family law and child custody forms for DIY legal proceedings. Learn when to hire an attorney to help with family law issues.