More details to this question:
Currently my ex husband and I have "true" joint custody (no child support, no primary). However, We have 3 children... 6yr old boy, 10 yr old girl, 13 yr old girl. Both of my daughters would like to live full time with me and visit their daddy instead of switching back and forth contantly between us. I dont have the money to file thru an attorney, so I am trying to find out how I can file myself. My exhusband lives with his parents and they (his mother and himself) tell the girls negative things all the time about me. My girls do not enjoy going there. My son however is still very young and he doesnt (to my knowledge) hear this from them about me. Please help.
1 ANSWER
2 Awards
In order to modify custody you must have a substantial change of circumstances. Since the girls are older and this arrangement is no longer acceptable for them you should file a Complaint, Summons, and a Motion for a Temporary hearing. The Complaint should ask for a modification of custody and also ask for child support. At the temporary hearing you must submit at least one affidavit and a financial declaration. The judge will decide on a temporary basis either to change the custody or appoint a GAL to look into what is in the girls best interest. Or the judge may decide to grant custody to you and appoint a GAL. Once the temporary hearing is over the order is good for a year. Meanwhile, you have to attend mediation if you are in a mandatory mediation county or you could both agree on a solution. If there is a agreement then you set up a 15 minute hearing to put the agreement on the record and close the case. If there is no agreement then a trial will need to be scheduled.
Answered on Nov 21st, 2013 at 7:32 PM
This response is general in nature and should not be considered legal advice.