The best interests of the child are reflected when a judge issues a custody order.As the years go by, your life will probably change.It's possible that your child has activities that conflict with the visitation schedule, or that you started a job with a new work schedule.If both parents are in agreement, courts are more likely to change a child custody decision.If you can prove that the change is in your child's best interests, a judge can change a child custody decision.
Step 1: Talk to the other parent.
If you have a good relationship with the other parent, you can adjust the parenting plan to fit your needs.If you want to submit your parenting plan to the judge, you need to print it out.As the child grows, child custody decisions need to be changed every two or three years.It will be easier for parents to come to an agreement if they are able to do so rationally.
Step 2: Consider working with a counselor.
A neutral third party might be able to help the two of you reach an agreement if you don't get along with the other parent.The family court clerk can give you a list of approved counselors and mediators for dealing with child custody issues.
Step 3: You can search for forms.
The forms that are pre-approved by the courts can be used to file a joint motion to modify custody.Stop in and ask the court clerk if you want to look on the website.You still need a judge to approve the change even if you agree to it.You have to file a motion for this reason.
Step 4: The form should be filled out for a joint motion.
Information about the original child custody decision, why it isn't working, and how you propose to change it are required on the form.The court may require other forms, such as information sheets or attachment, in addition to your joint motion form.You can find these forms on the court website.
Step 5: You can file your motion.
The court where the original custody decision was entered is where you must file your joint motion.This may not be the court in the area where you live.If you want to file your motion, take it to the court clerk.If you file a joint motion or motion by stipulation, some courts don't charge a fee.Other courts might.You can apply for a fee waiver if you can't afford the fee.If you meet the court's income guidelines, you won't have to pay filing fees.
Step 6: If necessary, schedule a hearing.
You must attend a hearing in some courts.The clerk should tell you when it will happen.The clerk should tell you when to expect the judge to enter the order.
Step 7: Attend the hearing.
Before you approve your joint motion, the judge will want to talk to you.You should bring a copy of your proposed parenting plan and a draft of the judge's order.The forms for the judge's order can be found online or in the clerks office.The hearing should be short.The judge just wants to confirm that the two of you are in agreement and that you reached agreement voluntarily.The new custody arrangement should be included in the judge's order.You should have a copy.
Step 8: There is a change in circumstances.
You have to ask a judge to change the child custody arrangement if you and the other parent can't reach an agreement.Unless new circumstances will affect your child, judges don't like to make changes.One parent wants to move to a different state, which is a major change that warrants a child custody modification.There are unsafe living conditions for the child.One parent has a new job.Multiple stepchildren are living with a parent who has remarried.
Step 9: You should consult with an attorney.
You should get expert legal advice if you expect the other parent to fight you.Only a qualified attorney can advise you on what to say.Call your nearest bar association to get a referral.If money is a concern, you can try to find reduced-fee help at a legal aid office or family law clinic.You can look online or check your phone book.You can only hire a lawyer for certain tasks, such as drafting your motion or representing you in court.It is a good way to save money.Ask the lawyer if they offer this service.
Step 10: Search for forms.
Many courts have forms that you can use to file a motion to modify a child custody decision.Ask the court clerk if you want to look online.You will need other documents, such as anaffidavit of service form, in addition to the motion.
Step 11: There are documents to be gathered.
If you want the judge to approve your parenting plan, you can use the same documents that you used for the initial child custody petition.You may need to attach the original child custody order to your motion.
Step 12: There is a change in circumstances.
A judge wants to know if there has been a big change.It is not enough for you to claim a major change has taken place.You can find witnesses who can back up your case.You may have a new job with different hours.You should get a letter from your supervisor explaining your new schedule.If the child's home environment has become unsafe, get copies of medical records or police reports.You can ask your child's teachers or neighbors to testify for you.
Step 13: You should draft your motion.
You're ready to draft the document that will present your argument once you have all of your information together.If no fill-in-the- blank form was available, you might ask the clerk if you can look at sample motions filed in other cases.When drafting your own, use them as guides.Provide information about yourself, the other parent, and the original child custody order.There are circumstances that warrant a modification in child custody.Refer to supporting documents if you are specific.If you have documents that back up your claims, make sure to include copies as exhibits.The proposed change is in the best interests of the child.If the change allows you to see your child, this isn't hard.
Step 14: You should file your motion.
Make copies of your documents.If you want to file, take the originals and copies to the court clerk.You have to file your motion with the same court that entered the original child custody order.You have to pay a filing fee.If you can't afford it, ask for a fee waiver form.All your paperwork will be stamped by the clerk and returned to you.
Step 15: You can schedule your hearing.
The scheduling is handled differently by each court.The clerk will wait to hear back from the other parent before scheduling a hearing.You have to include the date on the papers you send to the other parent in other courts.Ask about the process.The clerk will schedule a court hearing if you fail to attend mediation.You should provide a certificate from the mediation if you've already tried it.
Step 16: The other parent can serve a copy of the papers.
The other parent has a chance to respond to your motion, so you need to send them a copy of it.You can't serve the papers on your own, so arrange service using an acceptable method: Usually, you can pay the sheriff or a process server to make hand delivery.Depending on your location, the fee should be around $50.The person who serves the papers needs to fill out a proof of service form.If they are not part of the case, you can ask someone 18 or older to make hand delivery.You can use certified mail in some courts.If this is an option, you should read your jurisdiction's laws.
Step 17: You can argue your case at the hearing.
Explain to the judge why modifying the order is in your child's best interests.You will most likely go first since you brought the motion.The other parent can argue why the judge shouldn't modify the custody arrangement.As they present their case, quietly listen.The judge will sign an order after hearing both sides of the story.