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Motion to Modify

luckykell's picture
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My BF and I live together and BM currently has Sole Custody of Scooty (SD5), and we pay her CS. We currently have Scooty every Tues and rotating Friday/Weekends. We've sat down with BM and all agree on wanting to change court order to Joint Physical and Joint Legal with no child support to either parent. Their divorce was 3 years ago, and none of us know/deal with any lawyers. Just through basic online research I found that we need to file a Motion to Modify. But that is all i've found, nothing on how to do this, what all is involved, or if this was going to be a fairly simple process since both parties agree. Has anybody been through this situation and can tell me what to expect? Thanks!! Smile

southernshellgirl's picture

then click on your state. I know for Texas they have some printable forms you can fill out and file.

We get help by being members of Fathers for Equal Rights, they have attorney's that volunteer and can answer questions.

If you still need help please post again, I'll see if I can find more.

Two roads diverged in a yellow wood, and I---
I took the one less traveled by,
and that made all the difference. -Robert Frost-

southernshellgirl's picture

check craigslist or other places for attorney's that will work on a flat fee, surely if all they have to do is draft and file and tell you when to show up to court it shouldn't be so much. It will definitly be more than doing it on your own, but then you do not have all the guesswork.

Hope that helps.

Two roads diverged in a yellow wood, and I---
I took the one less traveled by,
and that made all the difference. -Robert Frost-

missangie1978's picture

All court houses have the documents you can purchase as well as someone there who can go over the paperwork with you after you fill it out to make sure you've done it correctly.

Orange County Ca's picture

A court does not get involved between two ex spouses unless one or the other files a complaint. If both parties are in agreement then they can just sit down and write out an agreement as to what they want.

Have your BF insist that it be signed by both of them in front of a Notary Public as it lends seriousness to the occasion.

*********************

There's an exception to everything I say.

luckykell's picture

But BF and I are on govt aide (food stamps) and we have to have the actual Child Custody papers officially changed to Joint from Sole.

"Live well, Love much, Laugh often."