How to Change Child Custody

Whenever a couple is about to get divorce, it usually comes in agreement about the custody of child and if not, they file a petition in court for that. Most of the couples fight over the custody of child and the matter is solved with the help of court while in some cases, they agree on a particular set of terms and agreements and solve the matter without the court’s involvement. If one spouse has custody of a child it does not mean that you cannot make changes to it in future.

In general, after the breakup or divorce, courts give the custody of  child to mother for a few years and it is then transferred to father but it cannot be taken as a standard procedure. The rules and requirements for the change of child custody vary from state to state. Some states have leniency in this regard and the required documentation is not complex while the case is otherwise in some states. You should try to gather as much information as possible before taking any step. Remember that there is no room for error, so you have to fill out and submit all the necessary forms otherwise the modification in custody will not be entertained.

Instructions

  • 1

    You have to be sure that the modification in custody will provide maximum benefit to the child otherwise the court will not allow any changes. After you are certain of the fact that the family requesting for modification is financially sound and stable and the circumstances are appropriate, you should prepare your petition.

  • 2

    After your petition is properly prepared, you should review and submit it. In general, you would have to file your petition in the same courthouse where the decision was previously announced. Remember that, if the circumstances on the basis of which petition is filed are inadequate then it is unlikely that it would be entertained by court.

  • 3

    Now you should serve the petition. It is important that other party should be notified about the petition. For this, you can take help of the court’s clerk and confirm the delivery of notice.

  • 4

    For civil actions, courthouses charge a certain amount as a fee. Therefore, you would have to pay the fee for piling the petition.

  • 5

    The court will now give you a date for hearing, make sure you and your ex spouse are present there on time.

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