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You MUST know the law of the state in which the original custody order was entered. You may need to proceed in that state. In most states a change of custody can only occur if a parent can show a change of circumstances that directly affects the well being of the child. Some states will allow you to proceed without a lawyer if both parents agree to a particular change. The clerk of court or another judicial office may have forms to be completed and presented to a judge. The judge can then enter an order to make the change permanent. If the parents cannot agree, or the state does not allow you to proceed without an attorney, then you need to find an attorney. You will need to explain to the attorney why things have changed so dramatically that the custody of the children should be disturbed. You should be aware that some states will not allow any change of custody within a specified time period from the original decree.

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โˆ™ 2009-06-22 00:39:22
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Q: How do you go about filing a motion to modify a custody order?
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A mother continuously violates court orders by failing to obey the visitation order and refusing to allow the father to see the children. What can the father do?

The court can change the custody order and take primary custody away from the mother. The father should stay on top of the situation by filing a motion for contempt of a court order (visitation) and every time she violates the visitation order he should keep filing motions for contempt. She may eventually lose custody.The court can change the custody order and take primary custody away from the mother. The father should stay on top of the situation by filing a motion for contempt of a court order (visitation) and every time she violates the visitation order he should keep filing motions for contempt. She may eventually lose custody.The court can change the custody order and take primary custody away from the mother. The father should stay on top of the situation by filing a motion for contempt of a court order (visitation) and every time she violates the visitation order he should keep filing motions for contempt. She may eventually lose custody.The court can change the custody order and take primary custody away from the mother. The father should stay on top of the situation by filing a motion for contempt of a court order (visitation) and every time she violates the visitation order he should keep filing motions for contempt. She may eventually lose custody.


Can you move out of the state of Kansas with your children when you're not married and neither parent has custody?

An unmarried mother has custody of her children until the father establishes his paternity in court and requests custody or an order for visitation. Once his paternity is established she can request child support.She can move but he may be able to stop her by filing a motion in court.An unmarried mother has custody of her children until the father establishes his paternity in court and requests custody or an order for visitation. Once his paternity is established she can request child support.She can move but he may be able to stop her by filing a motion in court.An unmarried mother has custody of her children until the father establishes his paternity in court and requests custody or an order for visitation. Once his paternity is established she can request child support.She can move but he may be able to stop her by filing a motion in court.An unmarried mother has custody of her children until the father establishes his paternity in court and requests custody or an order for visitation. Once his paternity is established she can request child support.She can move but he may be able to stop her by filing a motion in court.


How do you reverse child custody in parental alienation case?

You petition the court to modify the custody order.


What can happen to a joint custody parent for moving a child from one state to another without the joint custody parents consent?

First, a injunction should be filed to stop the move, or have the parent ordered to return the child to the jurisdiction of the court. Further, a motion for contempt for interference in custody, and a motion to modify the custody order due to this violation.


How does child change custody from one parent to the other?

The court would have to modify the custody order. You need to discuss it with your custodial parent.


What if your children live with their maternal grandmother and the child support you pay is kept by the mother and used for her other child's needs different father in California?

File a motion to the modify support order, a motion that the mother also pay, or go for custody. see link


Does custody have to be file in the state of the child or custodian?

A motion for custody or modification to an existing custody order must be filed in the jurisdiction where the child legally resides.


How do you move from your fathers place to your mothers?

If a custody order is in place, the mother will need to file a motion to modify custody. You can express your opinion to the judge on your choice, but it will only be a part of the total evidence. If it appears you are simply playing the parents against each other, it will come out. see links


What does the motion is returnable in pendente lite?

Petitioner s Motion and Affidavit for Order of Child Custody Pendente Lite


If a mother wants custody returned and files a motion to that effect can you deny?

A motion is not a court order, and she can only get a temporary order of custody while in possession, unless she lied to the court. see Dads House below.


Can you vacate a temporary custody order without an attorney?

It is possible to vacate a temporary custody order without an attorney by filing the paperwork with the court yourself. However, it is advisable to consult an attorney.


What can you do if your son's mother does not abide by your legal custody agreement?

You can take her to court. People do not have the option of ignoring a court order. A legal custody agreement once approved by the court becomes a court order. You can file a motion for contempt of court. If she continues to violate the custody order she could lose custody. You need to act ASAP.You can take her to court. People do not have the option of ignoring a court order. A legal custody agreement once approved by the court becomes a court order. You can file a motion for contempt of court. If she continues to violate the custody order she could lose custody. You need to act ASAP.You can take her to court. People do not have the option of ignoring a court order. A legal custody agreement once approved by the court becomes a court order. You can file a motion for contempt of court. If she continues to violate the custody order she could lose custody. You need to act ASAP.You can take her to court. People do not have the option of ignoring a court order. A legal custody agreement once approved by the court becomes a court order. You can file a motion for contempt of court. If she continues to violate the custody order she could lose custody. You need to act ASAP.

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