The Best Way to Request a Custody or Support Modification
As a child grows, his/her needs change. The child might have trouble at school which would require him/her to transfer to a private school or the child might suffer an accident which would require long-term specialized medical care and so on. There are many situations where a change to a custody agreement might be required.
Which Types of Custody do Court Orders Address?
The following types of custody are allowed in many jurisdictions and are addressed in the court order.
- Physical custody – This type of custody gives a parent the right to have a child live with them.
- Legal custody – Decisions about the child’s upbringing such as their schooling, religious practices, healthcare, and so on are taken by the parent with legal custody.
- Joint custody – This type of custody allows both parents to have equal access to the child. It also mandates that both parents share all responsibilities when it comes to decision-making when it comes to the child’s well-being. In this type of custody, the child lives in both households of both parents.
- Sole custody – This type of custody allows one parent to have legal as well as physical control over the child. The parent who doesn’t receive sole custody is usually awarded visitation rights. The visits might be unsupervised or supervised.
What Is the Best Way to Request a Custody or Support Modification?
Before requesting a custody modification, you need to make sure that you’re able to prove that there has been a change in circumstances since the final custody order was made. The significant changes required as well as visitation arrangement need to be in the best interests of the child/children. Children need to have a stable custody arrangement with their parents. The only reason for custody orders to be modified is if it is in the best interests of the children.
Child Support Modification Letter
The following needs to be done when asking for a request modification.
- Fill out the required court forms – The first thing you should do is fill out a request for an order form. You must explain why you believe a change to the existing arrangement is necessary. If you’ve already prepared a parenting plan and would like the judge to consider making your plan the court’s order, attach the plan to your forms.
- Review your forms – Ask your lawyer to review your papers to make sure that everything is in order. Having a lawyer will ensure that the entire process goes smoothly and that you don’t get rejected based on a technicality.
- Make copies of all of your forms – You’ll need to make at least two copies of all of your forms. One copy will go to your child’s other parent while you’ll get to keep the other. The court will get the original.
- Meet the court clerk to file your forms – The court clerk will return the two copies to you. He/she will also keep the original for the court. The copies returned to you will be stamped filed. The court clerk will also give you a court date.
- Your proof of service must be filed – Ask your server to fill a proof of service so that you may file it with the court. Your proof of service must be filled out correctly.
- Go to your court hearing – Make sure you take a copy of all of your papers as well as your proof of service before heading to your court hearing.
As you can see, it’s very simple to request custody or support modification. Make sure you include as much information as possible so that you’re in the best position possible to reach an agreement that works best for your child.