Who is eligible to submit a petition for an Order of Custody?

A parent, grandparent, or an individual with a significant connection or relationship with the child may submit a petition in the Family Court seeking to obtain custody of the child. The person or parties currently having custody of the child must be personally served with a copy of the petition and a summons. In cases where the child’s parents are separated and one parent is seeking a custody order, the papers must be served on the other parent. If a non-parent is seeking custody, both of the child’s parents must be served. Filing fees are not required in the Family Court.