How do I modify a child custody visitation order? 24 Answers as of August 05, 2011

How do I modify a visitation order? What steps do I take?

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Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
You need to file a petition to modify.
Answer Applies to: Washington
Replied: 8/5/2011
Gregory T. Buckley, Attorney at Law
Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
The first step would be to file a Supplemental Petition to Modify the previous Order. You will then most likely be require to attend mediation in an attempt to resolve the issues presented. If mediation is unsuccessful, a hearing would be held and the judge would rule on the unresolved issues.
Answer Applies to: Florida
Replied: 7/27/2011
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
First, I would talk to the other parent, and see if you can both agree on this.
Answer Applies to: New Jersey
Replied: 7/19/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
File a Motion to Modify in the same court that rendered the prior orders. Serve the other side. From there the case proceeds just like any other.
Answer Applies to: Texas
Replied: 7/19/2011
Vincent J. Bernabei LLC
Vincent J. Bernabei LLC | Vincent J. Bernabei
Each county has specific rules, but generally you would have to file with the court that decided the original custody case a motion and affidavit for order to show cause re: modification (motion to modify). You have to pay a filing fee to the court or obtain a fee deferral when you file the motion to modify. Then you have to serve copies of the motion to modify on the other parent. The courts also require that you attend a parent education class if you haven't already done one within the past five years. If the other parent objects to your motion to modify, then in most counties you must attend mediation also.
Answer Applies to: Oregon
Replied: 7/18/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    you must file a petition for modification with court in your circuit.
    Answer Applies to: Florida
    Replied: 7/18/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    You need to file a motion to modify. It is a form available both on line and at the court house. Depending on whether it is prejudgment or postjudgment would change the way you serve the opposing side.
    Answer Applies to: Connecticut
    Replied: 7/18/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    If sufficient and adequate grounds exist for a modification, then you would need to file a supplemental petition for modification based on the change of circumstances. If there is a substantial change of circumstances warranting a modification, then the court will determine changes are in the child's best interest. I would strongly suggest consulting with an experienced family law attorney prior to taking any action. Hope that helps!
    Answer Applies to: Florida
    Replied: 7/18/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    A petition for modification must be filed with the Court that originally issued the visitation order.
    Answer Applies to: Alabama
    Replied: 7/18/2011
    Raheen Law Group, P.C.
    Raheen Law Group, P.C. | Wali Raheen
    You need to file a petition to modify the custody order based on whatever the changed circumstances (or your reasons for modification) are.
    Answer Applies to: Virginia
    Replied: 7/18/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    A motion to modify will do it, but you need to file it in the right court. Please see a local domestic relations attorney for more information, This is not normally a do-it-yourself project.
    Answer Applies to: Ohio
    Replied: 7/18/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    You need to file a motion to modify the terms of any existing parenting plan established by the Court. Generally, modification is only appropriate when there has been a change of circumstances since the original plan was established, but in the case of parenting time there are other factors relevant to the child's best interests that will be considered also. Your motion needs to set for the specifically what modifications you are asking for and why those changes should be made, and how they will be in the child's best interest. If the other parent agrees with the changes, you need to submit a clearly worded written form of the agreement. If the other parent does not agree with you, you will need to schedule a hearing for the court to decide.
    Answer Applies to: Colorado
    Replied: 7/18/2011
    Law Office of Margaret D. Wilson
    Law Office of Margaret D. Wilson | Margaret Wilson
    If a parent wants to modify a custody or visitation order in California (assuming they have a case open) they would file an Order to Show Cause for Modification of Custody (commonly referred to as an OSC). However, after Judgment has been entered in a matter the moving party must show a substantial change of circumstances. In addition, when filing an OSC for modification of custody or visitation in Los Angeles County the court requires the parties to attend mediation. At the mediation the mediator will see if they can get both parents to agree to a stipulated order, if not, then they go to court. Please note that in Los Angeles a party does not have to file on OSC to set a mediation appointment. As a result, some people set a mediation appointment to see if they can resolve the matter without having to file an OSC
    Answer Applies to: California
    Replied: 7/18/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Depending on what county you're in, the general steps are as follows: 1. File an Order to Show Cause requesting custody modification 2. Include in your supporting declaration the reasons which warrant a change in the current custody plan; i.e., include facts that support your custody modification request, which such facts should demonstrate that the proposed change is in the child's best interests. Also include your proposed parenting plan and any related terms that you want to be made an order of the court. 3. Attend the Family Court Services Mediation, which will be scheduled when you file your custody modification motion. 4. If no agreement is reached with the other parent before the hearing, show up to that hearing and state your case to the judge in regards to adopting the Family Court Services recommendations, or why any other orders should be issued if you do not agree with the Family Court Services recommendations. As you can see, this process is somewhat complex. Best to hire a local family law lawyer to assist. Good luck!
    Answer Applies to: California
    Replied: 7/18/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    You file an Order to Show Cause to modify child custody and/or visitation. You would best retain an experienced Family Law Attorney to represent you in that matter.
    Answer Applies to: California
    Replied: 7/18/2011
    Gulstrom, Henson & Petrie, PC
    Gulstrom, Henson & Petrie, PC | Tami Monek
    Child custody may be modified by filing a Petition (otherwise known as a Complaint) and summons with the Court and personally serving the other parent. However, it is important to pay attention not only to the proper process, but also to the allegations contained in the Petition to Modify. Specifically, as a threshold matter, Idaho law requires that "substantial" and "material" changes have occurred since the entry of the last custody order, which show that it is in the child's best interest that custody be modified. Additionally, there has been some recent Idaho case law suggesting that a party who may be in contempt of a custody and/or child support order is not entitled to move to modify custody. Because of the complexities of law in this area it is important that you first speak to a lawyer who is familiar with recent case law in this area, as well as the unique sensibilities of the Court handling your case.
    Answer Applies to: Idaho
    Replied: 7/16/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We are divorce and child custody lawyers in Augusta, Georgia. We recommend that you retain a family law lawyer in your area to advise you as to all your rights and options. Modification may have impact on other issues, too, so you should seek a lawyer's help. Good luck.
    Answer Applies to: Georgia
    Replied: 7/16/2011
    Bagwell Holt Smith Jones & Crowson, P.A.
    Bagwell Holt Smith Jones & Crowson, P.A. | John G. Miskey IV
    You can file a Motion to Modify Custody with the Court where the Order was entered. Consult with an attorney to help you.
    Answer Applies to: North Carolina
    Replied: 7/16/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    The most important thing is to get a good lawyer. Not having one is a pretty good guarantee of a bad result.
    Answer Applies to: Georgia
    Replied: 7/16/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    You must file an order to show cause and serve the other parent and lay out in a declaration your reasons for wanting a change in the existing court order. You must show a "change in circumstances" from the date the order was entered to convince the court to make the change. You definitely should meet with a family law attorney with experience in your court. .
    Answer Applies to: California
    Replied: 7/16/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Hire an attorney to assist you in this complicated legal jungle. You would file a motion with the court to ask for the parenting to be changed.
    Answer Applies to: California
    Replied: 7/16/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    Generally a Florida Divorce attorney will file a petition with the court and depending on whether everyone agrees or not the process will eventually be approved or decided by a judge.
    Answer Applies to: Florida
    Replied: 7/16/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    I assume that this is not an agreed change. If it is agreed, then, a set of agreed orders just need to be prepared and entered with the court. If it is not agreed, then, there is an initial set of documents that have to be filed and served. These include a confidential information form, a summons, a petition, a financial declaration, and a proposed new parenting plan. There may also be others depending on circumstances. After those, there has to be a calendar note, motion and declaration for adequate cause, and an adequate cause hearing. At the same time as you file these document you may want to file a set of documents for temporary orders. If the court grants your adequate cause motion, it will then go directly to the temporary orders motion. The next step is to prepare for either trial or settlement. After trial or settlement, a set of final documents have to be prepared, including an order on modification, a final parenting plan, and, possibly, child support documents.
    Answer Applies to: Washington
    Replied: 7/16/2011
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