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You would need to petition the court in the county of jurisdiction (where the child legally resides) for a custody order. Once one is established, the parents would have to fight it out in court for any modifications including removing custody of the parent who currently has physical and presumed (thus legal) custody.

The judge will ultimately rule what he or she feels is in the best interests of the child and that may include leaving the current custody intact while outlining visitation/support obligations for the non-custodial parent, rule for joint custody, or transfer custody to the other parent.

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Q: How do you change who has custody if there never was a court order?
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Related questions

Can a child choose to live with dad if mom has custody?

Generally no. A change in custody must be made by a court order.


Can child services take parental rights without a court order?

No. Any change in custody must be done pursuant to a court order by the court with jurisdiction over the case.No. Any change in custody must be done pursuant to a court order by the court with jurisdiction over the case.No. Any change in custody must be done pursuant to a court order by the court with jurisdiction over the case.No. Any change in custody must be done pursuant to a court order by the court with jurisdiction over the case.


Can the custodial parent change an order for custody of child occurring after custodial parent's death?

No. The court is the only the one that can change a custody order.


How do you change a joint custody order?

You need to return to the court and file a petition for modification of the custody order. The court will schedule a hearing and render a decision.


How old does a child have to be to decide where they want to live in nh?

Once custody has been awarded by a court it would take another court order to change that arrangement. The court may listen to a child's request to change custody but it is under no obligation to modify the custody order at the child's request. The court would be looking for an appropriate reason to order a change in custody such as the custodial parent being unfit and the change being in the best interest of the child.


Will the judge change custody over to the non custodial parent if the custodial parent went to prison?

The non-custodial parent should petition the court immediately to change the custody order.The non-custodial parent should petition the court immediately to change the custody order.The non-custodial parent should petition the court immediately to change the custody order.The non-custodial parent should petition the court immediately to change the custody order.


Can I change from joint custody to sole custody?

You can petition the court that has jurisdiction for a modification of the custody order. The court will hear the testimony, evaluate the situation and render a decision that is in the best interest of the child. In many jurisdictions there must be a significant change in the circumstances in order for the court to modify the standing custody order. The parent seeking sole custody would need to provide evidence that the present arrangement is detrimental to the child.


What happens to a temporary custody order if you never go back to court for the original custody case in Kentucky?

if you are not there for the original custody case you can lose custody. The temporary is just until the court decides who gets custody.


How long does a minor child have to reside with a parent before he can get his child support revoked?

If there is a change in physical custody the new custodial parent should notify the court immediately and get the child support order modified. It should be done at the same time as the change in custody. He should return to court and inquire there.If there is a change in physical custody the new custodial parent should notify the court immediately and get the child support order modified. It should be done at the same time as the change in custody. He should return to court and inquire there.If there is a change in physical custody the new custodial parent should notify the court immediately and get the child support order modified. It should be done at the same time as the change in custody. He should return to court and inquire there.If there is a change in physical custody the new custodial parent should notify the court immediately and get the child support order modified. It should be done at the same time as the change in custody. He should return to court and inquire there.


Can a mother get her children if the father has had them and refuses to let her see them but the parents were never married and there is no court matters dealing with custody?

Since there is no court order and you were never married it is the mother that have custody. He can be charged with kidnapping.


Can a custodial parent who lost custody get custody of the child back when still owing child support to the non-custodial parent who now has custody?

There must be a significant change in circumstances. You can petition the court and request a modification of the custody order. Your arrears will remain and you must pay them.There must be a significant change in circumstances. You can petition the court and request a modification of the custody order. Your arrears will remain and you must pay them.There must be a significant change in circumstances. You can petition the court and request a modification of the custody order. Your arrears will remain and you must pay them.There must be a significant change in circumstances. You can petition the court and request a modification of the custody order. Your arrears will remain and you must pay them.


Can I get custody without a lawyer when the father will not show up for the court case his name is not on the bc or her passport never married and no custody court order just csupport from state?

You already have sole custody