Representing Yourself
FILING “PRO SE”
Should You Represent Yourself in Court?
When parents split up, or when a mother and father are not together, and both parents want to protect their child’s access to them as a parent, child custody arrangements must be determined.
Navigating this process through the court system can be challenging, emotional, and complicated. Many parents choose to retain a family law attorney. Others decide to pursue filing Pro Se. Pro se is Latin for "on one's own behalf" or "for oneself”. As a legal term, it effectively means self-representation.
Filing Pro Se for child custody is a MAJOR responsibility. Before you decide, do so with a COMPLETE understanding of what it entails after carefully identifying the pros and cons.
Prior to Filing Pro Se, consider these tips. Then ask yourself the questions below:
Consider
these tips:
Research your state's custody laws
Ensure you have the proper understanding and desire to move forward.
Focus on the areas that are most relevant to your situation.
Ask yourself these questions:
Did The Other Parent Hire a Child Custody Lawyer?
If the other parent is represented by an attorney, they could be in a more advantageous position.
Do I Understand How Court Procedures Work?
Current knowledge of the inner workings of court proceedings is critical.
Consider attending a few court hearings in advance.
Become more familiar with what to expect in court.
Become more familiar with proper court etiquette.
Research and educate yourself on how child custody court procedures work.
Use your resources… Discuss with friends who have represented themselves. Additional resources include:
Online resources, libraries, and your local court clerk.
Seek the court clerk out and develop a friendly rapport and level of comfortability for asking questions.
Will My Ideal Custody Arrangements Be Too Difficult To Achieve?
Carefully consider the custody arrangement you want and how that aligns with the best interests of your child.
Have a clear understanding of the wishes of the other parent.
Anticipate if the two sides will be too far apart, or if you’re confident in finding a middle ground.
What Alternative Options Do I Have?
Most often, finances are the main driver behind choosing to file Pro Se.
Explore options for free or low-cost legal help.
You may qualify for legal assistance from various legal aid agencies in your area, depending on your personal circumstances.
Reach out to law clinics associated with your local universities, public service agencies, and bar association.
Visit our Find An Attorney page for a list of available resources to help narrow your search for Pro Bono options.
Can I Afford to Hire a Child Custody Attorney?
Consider your financial feasibility and determine how much you can comfortably commit to legal fees.
Research the anticipated costs of hiring an attorney
Contact child custody attorneys in your area to inquire about fees and estimated final costs for similar cases.
Consult with friends, relatives and other trusted contacts who have experienced the process and will share what the costs were.
Do I Have the Discipline and Patience to Represent Myself Without an Attorney?
Do you have the time, patience, comfort level, and discipline to go it alone in court?
Do you expect the other parent to be amicable?
Are you prepared for the mental health toll that may arise if there is animosity with the other parent?
Understand the issues that will need to be resolved and the level of tension with the other parent.
Am I Familiar with the Required Court Documents?
Familiarize yourself with the family law documents that you’re likely to come across.
Review sample documents, which can be found online or at your local courthouse).
Determine you’re comfortability interpreting and completing those documents.
Ask the court clerk for help identifying the correct forms, where to get them, when they are due, and how they should be submitted.