How do we get full custody without an attorney?

Question

We have my husband's son 100% of the time. His mother has abandoned him. She also has been arrested and is currently in jail. She is the custodial parent, and still receives child support from my husband as it is garnished from his check every week and we need an order to stop it.

William Spern · Answer

Go to court, ask that custody be transferred to your husband and for a change of support.

Rebecca Rainwater · Answer

You need to file a modification of custody and child support. Given his mother is incarcerated that court at the very least may give temporary custody to the father if the court finds it is in the best interest of the child. Permanent custody may also be found if the mother will be incarcerated for an extended period of time. You should consult with a family law attorney for advice.

Cathy Cook · Answer

You'd be better served to hire an attorney.  If you want to try it yourself, you have to 1) file a motion for extended time;  2) to change custody;  3)  to stop child support;  and  4) to order the ex to pay support.

John Jordan · Answer

You can go to court Pro Se.  You probably need to contact an attorney to prepare the correct paperwork for you.

Glenn Tanner · Answer

Petition the court to modify the parenting plan and child support asap.

Suzanne H. Lombardi · Answer

In Alaska you can go to court and ask to get full custody without an attorney.  An attorney can be helpful to make sure that you get full custody and get the child support order stopped.

Melvin Franke · Answer

Adopt the child; then she is no longer the mother and can't get support.  Alternatively file to end child support.

Steven D. Dunnings · Answer

This is too complicated not to get an attorney.

Steven Alpers · Answer

You must file the proper forms in court.

Barbara A. Fontaine · Answer

She also has been arrested and is currently in jail. She is the custodial parent, and still receives child support from my husband as it is garnished from his check every week and we need an order to stop it.

Dennis P. Mikko · Answer

Immediately contact the Friend of the Court and advise them of the situation including the fact mom is in jail and dad has the child.  They should assist you in stopping the collection of child support.  To obtain custody, you would have to file a motion with the Court asking for a change in custody.  The motion would have to comply with all applicable court rules and contain sufficient information to apprise the Court as to why a change is in the best interest of the children.

John Brennan · Answer

You have to go to Court and have the custody and support provisions modified.  You can try it yourselves, but would be very wise to be represented.

Eric Smith · Answer

You may get help from the Attorney General's Child Support Office. You can file your own motion to modify the child support order. Forms for those filings can be found in your county law library, and the librarians are excellent resources, at least in the counties I've dealt with them.

Jane Ginsburg · Answer

You need to file a motion and go to court.

Tres Porter · Answer

You should consult legal counsel.  You should file a motion for modification of custody and visitation and modification of child support, immediately.

James Lentz · Answer

Changing custody is not as simple as filling out a form or sending in a box top.  I would encourage you to retain a family law attorney to guide you through the process, because it is also not a guaranteed process.

John Kirchner · Answer

You need to have the court order modified to reallocate parental responsibilities and child support obligations.  This is done by a motion to modify.  With a modified support order, your husband can terminate the involuntary payroll deduction.  You ought to consult an attorney for more information and advice, but if you choose to represent yourself you can find various forms and instructions at the Colorado judicial department website: http://www.courts.state.co.us/Forms.

Daniel J. Pingelton · Answer

You need counsel to file the appropriate documents and get a final order.

Dean Esposito · Answer

Have her sign a judgment transferring custody to your husband.

Tajara Dommershausen · Answer

File a motion to modify custody and placement.  If she is in jail, it should be fairly simple.

Theodora B. Fader · Answer

Dad would need to file motions to modify custody, parenting time, and child support.  Form motions are typically available at the Friend of the Court office.

Robert De Groot · Answer

The husband needs to file a petition for modification. You can look that up at flcourts.org and they may have a form to use for this. You do not get "full custody" in Florida, what you should seek is "sole parental responsibility."

Mark Brown · Answer

Your husband must file a Petition for Modification of Parenting Plan.  Among the items that you also must request in your court pleadings is a modification of the existing Order of Child Support.  Unless or until these existing court orders are modified by a new court order, your husband will remain legally responsible for paying the support.

Cristian Michael Towers · Answer

You need to file a motion in the county where custody was awarded (assuming the jurisdiction was never altered).  You should seek a change in custody, termination of child support and a request for child support from the natural mother and, if you live in a different county, a transfer of jurisdiction to the county in which you reside.

Leonard A. Kaanta · Answer

You really need an attorney, only a fool has himself/herself for a client.

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How do we get full custody without an attorney?

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