Tuesday, August 5, 2014

Modification of Child Custody

Child Custody orders can be changed where there is a showing that something new or different has happened since the last order. This generally means that someone's schedule has changed, someone has moved or is moving, the children's needs have changed, or the children are old enough to have some say in their own schedule.

To file a modification, a Request for Order must be filed. The court will then send the parties to mediation in an effort to help them work out a schedule on their own. In the event they are unable to do so, the court would then make orders.

It typically takes about two months from the time the Request is made until the court hearing.

1 comment:

Christina said...

Hi. My daughters father and I seperated in 2009. We were never married. No formal custody case has ever gone to court and have kept to a verbal visit agreement for 5 1/2 years now. The only thing documented by the courts is the child support I receive from him after doing that through a state program.I just wanted to give you a little bit of history.He married shortly after our separation and they now have 3 additional children other then our daughter. My real question lies in this. My daughter has told me several times now, that her step mother spanks her, throws cold water on her, flat out ignores her if she has done something wrong, and told her that she is not her child and that she wont treat her as such. The ex's family has reported to me a several times of verbal abuse,emotional abuse, and some even seem like neglect. She has opened up to me about it a few times. I have never hugged my daughter so tight as I do when I hear these things.

I bring her to see a psychologist monthly, in hopes that she will mention these things to him who is a professional and neutral party. I have patiently waited for a year to express these things to him, but when asked why she doesn't mention any of these to her Doctor she says "But nothing ever happens here" referring to my house.meaning my house. I have explained to her that I do not bring her there to just talk about things that happen at our home, but her life in general which includes both houses.

I feel so helpless. I want so badly to help her and get her out of this unhealthy and downright harmful environment, however I also do not want to drag her through a messy, he said she said custody battle that goes nowhere. I wish the family would report these things to DCF themselves so they don't think that I am a mom just trying to get custody of her child. I just want her safe. I know you are from another state and laws differ, but I was unable to find another page like yours and just needed some advice on how to proceed. Thank you in advance for any help you could provide.