Modification of Custody
Modification of Custody can be uncontested or contested.
Uncontested modification of custody means that there is a change in where the child is living and the parties agree to this change. In this case we can easily prepare the paperwork to make the change official.
General Process:
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Attorney meets with client.
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Attorney prepares agreed order to modify custody.
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Both parties sign the agreed order.
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Agreed order is signed by judge and filed. (Judge may want to have a hearing before signing an order).
Contested Modification of Custody means there is a desire on the part of one of the parents to modify the residential placement of the children and the other parent does not agree. In this case, each party typically hires an attorney independently.
General Process
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Meet with your attorney.
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Attorney prepares motion to modify custody and sets hearing on the motion.
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Other parent hires attorney and prepares answer to your motion.
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Both sides exchange any information that needs to be exchanged (called "discovery").
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If parties cannot reach agreement, there is a hearing on the Motion to Modify and the Judge makes a decision.