How to File a Child Custody Modification
Have an original child custody order., Decide whether you have the requisite changed circumstances., Choose how you are going to approach the modification procedures.
Step-by-Step Guide
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Step 1: Have an original child custody order.
In order to file a child custody modification, you must first have an original custody order in place.
In order to have an original child custody order, you must have first filed a family law case with your local state court and subsequently filed a petition for child custody.If you need help filing an original petition for child custody, read this article for easy to follow instructions. -
Step 2: Decide whether you have the requisite changed circumstances.
If you have an original child custody order, that order can only be modified by showing you and the other parent have changed circumstances that make the original order impossible or impracticable to follow.The judge will review any agreement you and the other parent make, or will listen to both sides during a court hearing, in order to determine if you have changed circumstances and if it would be in the child's best interest to modify the existing child custody order.Some common changed circumstances include:
One or both parents moving to another city or state.One parent is getting remarried and is starting a new and different life from the one they had when the original order was put in place.One parent is changing jobs and may be more or less able to care for the child because of changing financial outlooks.The child is getting older and has different views on how they would like to spend their time and who they would like to spend it with., If you think you have the required changed circumstances, decide if you will sit down with the other parent and come to a new agreement, or if you are going to have to go to court.
Coming to an agreement without a court's involvement should be the preferred method.
However, if you and the other parent cannot agree, it may be necessary to go to court in order to modify your existing child custody order. -
Step 3: Choose how you are going to approach the modification procedures.
Detailed Guide
In order to file a child custody modification, you must first have an original custody order in place.
In order to have an original child custody order, you must have first filed a family law case with your local state court and subsequently filed a petition for child custody.If you need help filing an original petition for child custody, read this article for easy to follow instructions.
If you have an original child custody order, that order can only be modified by showing you and the other parent have changed circumstances that make the original order impossible or impracticable to follow.The judge will review any agreement you and the other parent make, or will listen to both sides during a court hearing, in order to determine if you have changed circumstances and if it would be in the child's best interest to modify the existing child custody order.Some common changed circumstances include:
One or both parents moving to another city or state.One parent is getting remarried and is starting a new and different life from the one they had when the original order was put in place.One parent is changing jobs and may be more or less able to care for the child because of changing financial outlooks.The child is getting older and has different views on how they would like to spend their time and who they would like to spend it with., If you think you have the required changed circumstances, decide if you will sit down with the other parent and come to a new agreement, or if you are going to have to go to court.
Coming to an agreement without a court's involvement should be the preferred method.
However, if you and the other parent cannot agree, it may be necessary to go to court in order to modify your existing child custody order.
About the Author
Diana Hamilton
Specializes in breaking down complex organization topics into simple steps.
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