A. After a determination of paternity, a party requesting custody must file a separate civil action in circuit court rather than proceeding in a juvenile action. This applies to biological parents and persons seeking defacto custodian status. Pursuant to FCRPP 14(3), the Family Court Judge will transfer the custody matter to the circuit court docket and shall require that an appropriate petition be filed and the Circuit Court filing fee be paid to the Henderson County Circuit Court Clerk as reduced by the amount of the District Court filing fee previously paid, if any. Custody language in a judgment of paternity is not a custody determination.

B. An agreed order of custody with an appropriate waiver of affidavit may be filed in a “CI” action, to include reference to the entry of a judgment of paternity, with the case number and date of entry of the judgment.