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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. Get your court date or mediation date. Serve your papers on the other parent. File your Proof of Service.
To modify your plan through the court, you need to file a child custody modification or a petition to change the custody order. Then you and the other parent will attend a custody hearing and present your cases to the judge. The judge will decide if the modified plan is accepted by the court.
A court won't modify custody just because one parent could provide a more stable living environment than the child's other parent. A court can alter parenting arrangements if the changes to a custodial parent's environment are substantial, and the child's best interests would be served by a custody modification.
Generally, it is considered to be better for the child to have as much consistency as possible. For this reason, among others, most courts will not make a change within a set time frame of the creation of the original custody agreement. This waiting period varies by state, but between one and two years is common.
How much does it cost to file a Petition to Change Parenting Plan? If you file in the same county that entered your parenting plan, the court will charge you a $30 — $56 filing fee. If you file in a different county, or under a different case number, the filing fee will be between $200 and $205.
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. Get your court date or mediation date. Serve your papers on the other parent. File your Proof of Service.
Contact the court clerk. Research child custody laws in your state. Consider all of your child custody options. Maintain clear, detailed child custody documentation. Pay close attention to all the deadlines and dates related to your case.
If either you or your ex wants to modify the custody agreement, it's important to talk to a lawyer who has experience with family law and child custody issues. Laws vary by state, and you need to understand your rights and obligations and how changes will serve your children best interests.
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