Accessing Family Court Records

Family court is where issues relating to children, mothers, fathers, and close relatives of children are heard. Family court decides on many issues relating to children such as abuse and neglect charges, guardianship, referrals to foster care, and child custody and visitation disputes. In addition, child support appeals are heard in family court, including changing child support orders already in place. Divorces are handled in divorce court, but issues relating to children are handled in family court.

Obtaining records from family courts can sometimes be difficult because records are considered private to protect the identities of children involved. However, certain people can obtain certain records just by asking and paying fees for those records.

Reviewing Records in Person

You may be able to go to where family court records are stored and ask permission to see the records. Each state and locality handles in-person requests differently, so call the family court office to find out if this is possible. You will need to prove who you are and how you are related to the case, and usually records are reviewed in the presence of a family court staff person to prevent tampering with them.

Obtaining Family Court Records Through the Mail

Each county court and district court has its own procedures for obtaining copies of family court records through the mail. Many times the family court website will have the contact information you need, but if you cannot find it, call the family court where the proceedings took place. Written requests must contain sufficient information so the court clerk can find it in the records, copy it, and send it to you. Fees will apply.

You may obtain copies of certain documents by paying appropriate fees. Examples include complaints, informational documents, petitions, and court orders. Other documents may not be copied, such as psychological evaluations, social histories, custody investigations, and so on. An officer of the court will sometimes issue an order which allows you to obtain these documents.

Transcripts of Testimony

A person involved in a case or an attorney of record (related to the case) may request transcripts of testimony which was recorded during a trial in family court. These transcripts may be prepared either by family court reporters or by transcription services, and you must find out how the proceedings were recorded. Fees and request procedures will vary between the two types of recorders.

At the time of the request, you must provide proof of who you are and how you are related to the case, as well as specifics about the name of the judge, the docket number, the dates of the proceedings, and the family court where the case was heard. You may contact Family Courts to obtain this information if you do not have it.

Sealed Family Court Records

In some cases, family court records will be sealed so that no one can request them or look at them. This happens frequently in cases involving juvenile crimes. This is done to protect the identity of the child in question. Occasionally a judge may order the records to be unsealed or revealed to certain parties with interest in the case, but this is done strictly by court order.

Resources

Every state has a government website. Visit your state’s site and search for “family court records” to find out how to obtain records at lesser cost. For instance, if you are a Minnesota resident or are part of a family court case which was heard in Minnesota, you would visit

http://www.mncourts.gov/

to find out how to obtain records. You may need to go to the courthouse yourself or request records by mail, but it may be worth it to you.