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.This program will help you fill out and print court papers to ask the court to Enforce Parent Visitation. You can take the paper to court and get a hearing. In most situations, you can file for custody in the "home state" of the child. 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. To get your child custody case started, you have to file the proper forms. Filing is turning documents in to the court clerk to present relevant information. You will need to file a Petition for Modification of Child Custody and attach the Affidavit to the Petition.