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.Generally, you can file for custody in Virginia only if Virginia is your child's "home state. The Virginia Judicial System has a number of forms for each court available on the court's form page. Your child must have lived in the Georgia county for at least 6 months prior to the filing. 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. Where would I file the forms if the noncustodial parent now lives in Evensville, Tn while the children and I reside in GA? You should respond with an answer and counterclaim for child custody. Responding allows you to clarify anything and tell the court what you want.