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.You will need to file a Petition for Modification of Child Custody and attach the Affidavit to the Petition. Your county may also require some additional forms. 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? Stipulation and Order for Custody, Parenting Time and Child Support. The forms listed below are for use only in the Tenth District. Most child support forms are available in several languages.