Custody cases begin either with a Paternity case, meaning a DNA test needs to be done or a Recognition of Parentage has not been executed, or a Custody case. A paternity case means that before you can address custody, it needs to be established who the father is. This is done through a DNA test or the parties executing a Recognition of Parentage.
Once there is a determination of the father, a custody case legally begins with the service of the Summons and Petitioner for Custody and Parenting time. Once service is completed, generally the matter proceeds to some type of alternative dispute resolution such as mediation wherein hopefully agreement can be reached.
If it cannot, then the matter can proceed to Court or possibly to a custody evaluation. A custody evaluation is where a neutral third party evaluates the parents, and the relationships between the parents and the children through interviews, observations, etc. and makes a recommendation in the minor children’s best interests.
If a case cannot be resolved after the evaluation, then the matters proceeds to Court and trial.