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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.
What else can I help you with?
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 custody be overturned when the court order is not obeyed?
Yes, the judge can over rule the custody order due to neglect on ones behalf.
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.
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 does motion to modify mean?
A motion to modify is a formal request made to a court to change an existing order or judgment, typically related to issues like child custody, support payments, or visitation rights. This motion is often filed when there are significant changes in circumstances that warrant a reassessment of the original terms. The court will review the motion and any supporting evidence before making a decision on whether to grant the modification.
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
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
How can you stop paying child support if your daughter lives with you and not her mother?
Contact child support enforcement, but they may require a court order. File motion to change custody and modify child support. see link for help.
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.
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.
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.
