How to Change Custody
Decide exactly what type of change you’re seeking., Approach the other parent., Help them help you., Find the proper forms., File the forms with the Clerk of Court.
Step-by-Step Guide
-
Step 1: Decide exactly what type of change you’re seeking.
Think about whether you’re looking for joint custody or sole custody, and whether you’re trying to change the status of legal custody or physical custody.
If you’re having trouble deciding exactly what it is that you want, think about the problem that made you seek the change to begin with—missing your child, wanting them to be in another school, a change in economic circumstance—then work backward.
Legal custody is the control over decisions which affect the health, education, and welfare of the child, including type of school and choice of doctor.Physical custody is actual physical dominion over the child’s body—who the child lives with. -
Step 2: Approach the other parent.
You’ll need to talk with the other parent if you want to come to a consensus on changing the custody arrangements.
Make a concerted effort to phrase this as a request and not a demand.
For example, rather than just calling them up and jumping into a discussion about custody arrangements, first ask if they’re available to talk.
If they are, ask them how much time they have.
You won’t want to rush this discussion. , Remember that you’re trying to convince the other parent to surrender or modify a legally protected right that a judge has already affirmed.
Until a judge changes the custody order, they are under no obligation to help you.
Be prepared to compromise. , The paperwork is a little quicker when both parties consent to the change in custody, but it’s still a tedious process.
The specific forms and specific procedures might vary from state to state, and you can find forms specific to your state at http://family.findlaw.com/child-custody/child-custody-forms-by-state.html.
Generally, you will need:
The Petition for Change of Custody.
This might also be called a Petition for Modification of Custody— it’s the substance of your request.
It’s asking the court to listen do and decide on your proposed changes.
A Parenting Plan.
The Parenting Plan will contain the details of your proposed modifications to the custody agreement.
A Waiver of Service.
This lets the court know that the other parent has waived their right to be formally served with your Petition.
Since you two are cooperating, you should both have a copy of the Parenting Plan and the Petition, which means that no one has a reason to have those papers formally served to them.
The Consent to the Modification of Custody.
This is exactly what it sounds like; both parents sign off on the agreement outlined in the Parenting Plan.
A copy of the original Custody Order should be included with the new packet of paperwork.
That way the court can easily keep the files together. , Next, you’ll file everything with the Clerk of Court’s office.
Nearly all Clerks of Court have a notary in their office.
Most of the forms need to be notarized, so it’s easiest for you and the other parent to sign everything at the Clerk’s office before you file.
If you can’t do it this way, then you’ll need to get the forms notarized elsewhere.There are filing fees, and they change from state.
If you can’t afford the filing fees, you’ll need to fill out a request for a waiver as well.
In some jurisdictions, that’s all there is to it.
You file, and then the court sends you a packet confirming that they’ve approved your request.
In other jurisdictions, it takes a little longer.
You’ll get a court date, you’ll go before the judge, then the judge confirms the modification is okay with all the parties involved. -
Step 3: Help them help you.
-
Step 4: Find the proper forms.
-
Step 5: File the forms with the Clerk of Court.
Detailed Guide
Think about whether you’re looking for joint custody or sole custody, and whether you’re trying to change the status of legal custody or physical custody.
If you’re having trouble deciding exactly what it is that you want, think about the problem that made you seek the change to begin with—missing your child, wanting them to be in another school, a change in economic circumstance—then work backward.
Legal custody is the control over decisions which affect the health, education, and welfare of the child, including type of school and choice of doctor.Physical custody is actual physical dominion over the child’s body—who the child lives with.
You’ll need to talk with the other parent if you want to come to a consensus on changing the custody arrangements.
Make a concerted effort to phrase this as a request and not a demand.
For example, rather than just calling them up and jumping into a discussion about custody arrangements, first ask if they’re available to talk.
If they are, ask them how much time they have.
You won’t want to rush this discussion. , Remember that you’re trying to convince the other parent to surrender or modify a legally protected right that a judge has already affirmed.
Until a judge changes the custody order, they are under no obligation to help you.
Be prepared to compromise. , The paperwork is a little quicker when both parties consent to the change in custody, but it’s still a tedious process.
The specific forms and specific procedures might vary from state to state, and you can find forms specific to your state at http://family.findlaw.com/child-custody/child-custody-forms-by-state.html.
Generally, you will need:
The Petition for Change of Custody.
This might also be called a Petition for Modification of Custody— it’s the substance of your request.
It’s asking the court to listen do and decide on your proposed changes.
A Parenting Plan.
The Parenting Plan will contain the details of your proposed modifications to the custody agreement.
A Waiver of Service.
This lets the court know that the other parent has waived their right to be formally served with your Petition.
Since you two are cooperating, you should both have a copy of the Parenting Plan and the Petition, which means that no one has a reason to have those papers formally served to them.
The Consent to the Modification of Custody.
This is exactly what it sounds like; both parents sign off on the agreement outlined in the Parenting Plan.
A copy of the original Custody Order should be included with the new packet of paperwork.
That way the court can easily keep the files together. , Next, you’ll file everything with the Clerk of Court’s office.
Nearly all Clerks of Court have a notary in their office.
Most of the forms need to be notarized, so it’s easiest for you and the other parent to sign everything at the Clerk’s office before you file.
If you can’t do it this way, then you’ll need to get the forms notarized elsewhere.There are filing fees, and they change from state.
If you can’t afford the filing fees, you’ll need to fill out a request for a waiver as well.
In some jurisdictions, that’s all there is to it.
You file, and then the court sends you a packet confirming that they’ve approved your request.
In other jurisdictions, it takes a little longer.
You’ll get a court date, you’ll go before the judge, then the judge confirms the modification is okay with all the parties involved.
About the Author
Maria Gray
Dedicated to helping readers learn new skills in home improvement and beyond.
Rate This Guide
How helpful was this guide? Click to rate: