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Family disputes can be complicated. These resources are designed to help you with custody and support matters when divorce is not part of the case.Custody cases are usually started in Family Court. The petition should be filed in the county where the child lives. The Clerk of Superior. Court will complete it later. Petition. If you have never been to court and are married, you can prove custody with your child's birth certificate. Parents seeking divorce file a case in supreme court. First, fill out a Confidential Litigant Information Sheet. Anyone can file a custody or visitation petition in Family Court.