How to Change a Child Custody Decision
Talk to the other parent., Search for forms., Fill out the form for a joint motion., File your joint motion., Attend your hearing.
Step-by-Step Guide
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Step 1: Talk to the other parent.
If you are on good terms with the other parent, work together to adjust the parenting plan so that it suits both of your needs and the needs of your child.
Child custody decisions typically need to be modified every two or three years anyway as the child grows.Two parents who are able to come to an agreement rationally will have a much easier time co-parenting their child. -
Step 2: Search for forms.
Most jurisdictions have forms that are pre-approved by the courts to file a joint motion to modify custody.If you can't find forms online, you can call the clerk's office and find out if they have forms available.
Be sure you have all the documents you'll need to file your motion.Even though you and the other parent may agree to a change, it won't become legally binding unless you file a motion with the court and get a new order incorporating that change., The form requires information about the original child custody decision, why it isn't working, and how you propose to change it.
In addition to your joint motion form, the court may require other forms such as information sheets or attachments.
If you found the form online, the packet you downloaded probably included any other forms you needed., You must file your joint motion in the court where the original custody decision was entered.Some courts don't charge a fee if you're filing a joint motion or motion by stipulation.If you do have to pay a fee to file your motion, typically under $100.
If you can't afford the fee, ask the clerk for a fee waiver application.
Provided you meet the court's income guidelines, you won't have to pay any filing fees for your case.The clerk will stamp your documents "filed" and give the copies back to you.If you're expected to appear in court, the clerk will let you know when your hearing is scheduled.Otherwise, he or she will let you know when you can expect the order to be entered. , In some jurisdictions, the judge will want to talk to you and the other parent before approving your joint motion.
At your hearing, you typically will need to bring a copy of your proposed parenting plan and a draft of the judge's order you want entered.
Forms for the judge's order typically are available online or at the clerk's office.In many courts, if you want to make an informal change to your custody order by agreement a formal hearing isn't necessary.If you are required to appear in court, it typically is because the judge wants to confirm that the two of you are in agreement, that neither of you were manipulated or coerced into agreeing on the change, and that you believe it is in the best interests of your child. -
Step 3: Fill out the form for a joint motion.
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Step 4: File your joint motion.
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Step 5: Attend your hearing.
Detailed Guide
If you are on good terms with the other parent, work together to adjust the parenting plan so that it suits both of your needs and the needs of your child.
Child custody decisions typically need to be modified every two or three years anyway as the child grows.Two parents who are able to come to an agreement rationally will have a much easier time co-parenting their child.
Most jurisdictions have forms that are pre-approved by the courts to file a joint motion to modify custody.If you can't find forms online, you can call the clerk's office and find out if they have forms available.
Be sure you have all the documents you'll need to file your motion.Even though you and the other parent may agree to a change, it won't become legally binding unless you file a motion with the court and get a new order incorporating that change., The form requires information about the original child custody decision, why it isn't working, and how you propose to change it.
In addition to your joint motion form, the court may require other forms such as information sheets or attachments.
If you found the form online, the packet you downloaded probably included any other forms you needed., You must file your joint motion in the court where the original custody decision was entered.Some courts don't charge a fee if you're filing a joint motion or motion by stipulation.If you do have to pay a fee to file your motion, typically under $100.
If you can't afford the fee, ask the clerk for a fee waiver application.
Provided you meet the court's income guidelines, you won't have to pay any filing fees for your case.The clerk will stamp your documents "filed" and give the copies back to you.If you're expected to appear in court, the clerk will let you know when your hearing is scheduled.Otherwise, he or she will let you know when you can expect the order to be entered. , In some jurisdictions, the judge will want to talk to you and the other parent before approving your joint motion.
At your hearing, you typically will need to bring a copy of your proposed parenting plan and a draft of the judge's order you want entered.
Forms for the judge's order typically are available online or at the clerk's office.In many courts, if you want to make an informal change to your custody order by agreement a formal hearing isn't necessary.If you are required to appear in court, it typically is because the judge wants to confirm that the two of you are in agreement, that neither of you were manipulated or coerced into agreeing on the change, and that you believe it is in the best interests of your child.
About the Author
Lisa Parker
Experienced content creator specializing in DIY projects guides and tutorials.
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