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Physical Relocation. The noncustodial parent can reach out to the court to modify custody if the custodial parent moves. One Parent Refuses to Follow the Custody Terms. The Child's Needs Have Changed. A Parent's Situation Has Changed. The Child Is in Danger. 9 Secrets the Insurance Adjuster Doesn't Want You to Know.
Petition. The first step involves filling out a form with the court. Service. This the legal term that refers to actually giving the other parent notice that you are requesting a change. Filing. Once all the paperwork is completed, it must be filed with the court. Scheduling. Court.
Changing child custody is straightforward when the parents agree, but it is more difficult when one parent does not agree to the change. The parent who wants the change will have to file a motion with the court that granted the divorce.
Age of the children. Each parent's living situation. Each parent's willingness to support the other's relationship with the children. Each parent's relationship with the children before the divorce. Children's preferences. Continuity and stability.
Fill out your court forms. Have your forms reviewed. Make at least 2 copies of all your forms. File your forms with the court clerk. Serve your papers on the other parent. File your Proof of Service. Go to your court hearing.
Understand Your State's Child-Custody Laws. Stockbyte / Getty Images. Understand the Better-Parent Standard. Morsa Images / Getty Images. Bring the Right Documents to Court. Learn Proper Courtroom Etiquette. Know What to Expect During the Hearing. Dress Appropriately.
Modifying Child Support Without Going to Court It is possible to have your child support order modified without having to go to court--but only in very limited circumstances. Some judges include a Cost of Living Adjustment (COLA) clause in all of the child support orders they issue.
In order to request a modification to the child custody agreement, the parent requesting the change must file a petition with the court. Each side gets the opportunity to present their arguments as to whether the current arrangement should or should not be changed.