How to Amend Custody
- 1). Draft your petition to modify custody. Obtain a blank copy of the form from the clerk's office in your local county or district courthouse or online from the court system website, if one exists in your jurisdiction. While form specifics vary by state, you will need to input the case information from the previous custody order into the form, then enter the full information on both parents and the current custodial arrangement. Enter in the narrative portion the basis for your modification request, and attach a copy of the existing custody order. If the other parent agrees to modification, you can use an agreed motion to modify (sometimes called an Uncontested Motion to Modify Custody) form.
- 2). File your motion in the clerk's office. You will receive a stamped copy of the order after paying the filing fees, which vary widely based upon jurisdiction. Serve a copy of the petition on the other parent by using a special process server like the county sheriff. If you and the other party cannot come to an agreement on the motion at the first court date, the matter will be set for a hearing on the merits.
- 3). Appear at a hearing on your petition. You will be able to present your testimony and witnesses, and the other parent will be allowed to present his position. The court will be guided by the best interests of the child, and if it finds a modification of custody is appropriate, enter a revised custody and visitation order.
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