How to Modify a Child Custody Order
When the parents of a child separate or divorce, a judge will decide which parent will receive custody of the child. A child custody order is a court order granting physical and legal custody of a child to one or both parents. The court may grant sole custody to one parent or joint custody. If it is a joint custody order, the parents will share custody. To modify a custody order, it is necessary to go back to court.
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Instructions
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Fill out a petition to modify the child custody order. In every state, the law only allows a modification to a permanent custody order under special circumstances. In California, for instance, the "changed circumstances" rule applies. The judge, therefore, will look at whether a new arrangement is in the best interest of the child.
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File the petition with the court clerk. In most cases, it is necessary to file the petition in the same county as the original petition. The court clerk will schedule the hearing upon the filing of the petition, unless mediation is required first.
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Pay the filing fee. The fee will vary according to the state.
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Serve the petition. The interested party must receive notification of the petition to change the custody order. Every state has statutes that define how to serve notice and the time limits in which service must be accomplished. It may be necessary to personally serve the opposing party or, in some cases, service may be accomplished via mail.
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Attend the hearing. At the hearing, the burden is on the petitioner to establish that a change to the current custody agreement is in the best interest of the petitioner and the petitioner must provide evidence of the changed circumstances. If both parents agree to the change, the judge will most likely grant the order. If contested, the judge will decide whether to change the custody order after hearing the evidence.
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Tips & Warnings
Make sure to bring the appropriate paperwork to court. This will include the petition as well as other paperwork, including the proof of service form.
If this is a contested custody change order, it may be best to consult with an attorney.
A judge will not modify a custody order because of a change in the petitioner's economic status.
Some courts may require the parties meet with a mediator to help them resolve the disagreement. In this situation, the job of a mediator is to help the parties work out an agreeable custody order.
References
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