Question about Change in Child Custody

[Melora]

I was wondering if anyone has changed their child custody agreement after a divorce.

I currently have sole physical and joint legal.

I want to change this to sole legal custody due to the fact my ex has moved out of state (about 1000 miles away) and sees the kids maybe once a year. Every time I have to sign papers or have something done for them they want my ex to sign too because of the joint legal part.

For example, my daughter is getting her drivers permit and they require both of us to sign. What an ordeal! To have to send the papers up there then to hope he sends them back by her appointment time? It wont happen! Not only that but it states that he is legally responsible for half of any financial damage she causes.. (well lets hope there is none because he has ZERO money!)

So what do I have to do? Does anyone know? I do not think he will care so that wont be an issue.. I was trying to ask him today about it but he got another phone call and said he would call me back.... But Im not holding my breath.

 

[Arabella Figg 2003]

You probably need a lawyer, but the work he'll have to do is minimal, especially if there's consent.

I assume you had a separation agreemnt which dealt with child custody, which was incorporated into your divorce judgment.

most likely you have to draft an amendment to your divorce agreement and have it "so ordered" by the court so that the judgment would also be amended.

 

[tc]

Melora, does your State have a website? Here in Colorado, this can be done easily by downloading forms straight from the Internet off the State's web page. Since it's so easy, the State doesn't think it's necessary to involve attorneys. Here you'd file a Motion to Modify Parental Responsibility. The website also has an instruction sheet that walks you through everything you need.

If they don't have a website, call the court's clerk and ask if there is a place to get form pleadings or if they have a pro se packet for parental responsibility or child custody modification.

Or, better yet, file a Stipulation to Modify (instead of a Motion), that you and your ex sign. That saves serving him and makes it easy for the Court to see that you are both in agreement.

Good luck!!!

 

[jrydberg]

If he won't contest it, it'll be fairly easy (as legal things go). Just have a lawyer look at your existing custody agreement and explain what you'd like to do. If he agrees, I think all he'll have to do is have the new documents signed, notarized and returned.

If he doesn't want to agree to that, then you've got a more difficult proposition.

 

[Melora]

Thanks for the info!

I did find the California website that offers help. I found the form but it talks about mediation... well hes 1000 miles away and wont show up for that.... it also asks for info on a court hearing and I dont think we will need to have that either....

Im going to check with his mom as she is a paralegal and his step dadi s a retired family court judge so he should know.


He hasnt called me back yet, so I'll do that now... I don't like to have to bring this up but its must with him so far away and unavailable.

 

[KimRaye]

My only thought is be careful that you don't assume FULL monetary responsibility. Dad should still be responsible for paying his 1/2 (whether he pays it or not).

Everything we've ever modified has been through lawyers, in the past. However, I found that even our AWFUL Illinois system actually came through for me recently, online!!! Glad you checked with your State's online source also.