When my exhusband and I split up, he decided that he should get to keep everything..including our son. I guess he figured the old standby of "you're never going to see our kid again" would work like it had before. I decided to call his bluff. Sure enough, my son is living with me now. He has been for over a year. Neither of us want child support from the other, and neither of us can afford an attorney. How do you easily (and cheaply) change custody? Can you simply type up an agreement and have it notarized? Any help would be great!
2007-02-28 15:49:13 · 10 answers · asked by Brandie C 2 in Family & Relationships ➔ Marriage & Divorce
im pretty sure there are some autorneys that can explain that to u that dont charge on the first visit.
2007-02-28 15:52:57 · answer #1 · answered by Anonymous · 0⤊ 1⤋
I feel you need to contact and attorney and see what they have to say or offer as advice in this matter. You may have to go back to the courts again if you want something changed. I dont think there is an easy or cheap way to really change custody. Save up money for a lawyer if need be and if you really want this done and changed. You could always call your local courthouse and ask them what you can do in this matter as well. Also call a notary republic and ask them if just a notarized document is legal or not. BUT if it originallly went through the courts you may have to go back through them to get it changed. A paralegal might be able to help in this matter as well. Hope this helps some and good luck.
2007-02-28 16:01:04 · answer #2 · answered by Lady Hewitt 6 · 0⤊ 0⤋
You should first contact the family law division of your county court. They should be able to tell you if they have forms for a "Stipulated Change of Custody/Modification of Custody." If they have the forms simply fill them out and file them with the court. If they don't find out from your local bar association if they can recommend a low cost attorney who can help. In a non-contested situation the only work for the attorney is drawing up the papers so it should not be expensive.
On the child support issue, child support is for the child and in most states the courts do NOT allow a parent to waive child support on behalf of the child. Just because you do not want support from your ex doesn't mean your child isn't entitled to be supported by him. You can take the support and put it in a bank account in your son's name if you don't want to accept it yourself. This is your child's birthright and you should not toss it away.
Good luck.
2007-02-28 22:41:49 · answer #3 · answered by CV 3 · 0⤊ 0⤋
You could do that, how do you know that he is going to do what he said he would do? (as far as doing his part, with the son financially) You could go down to your court house and complete the prooper paper work to get it legalized, at this point the paper work would only benefit him,a bout the agreement, because you have the child. What you want to do is get JOINT legal custody, and you have physical custody along with the joint. Joint just means he stills has rights, and decisions to the child. I am however happy that you guys could work it out without the court system all in your business. BUT, I must tell you once you wave child support, YOU CAN NOT EVER TURN IT BACK ON, ONCE WAVED. BE BLESSED!
2007-02-28 15:57:01 · answer #4 · answered by MrsE 3 · 0⤊ 1⤋
In all honesty, it is actually easy. Go to your state's website and click on your county icon. Then search for the courthouse, click on their website, then hit the tab for down loadable forms (every state has them and they are free) Look for the "order to show cause" or "change of placement" forms. fill them out, have them notarized, make three copies. Take them to the courthouse in your county and file them...it costs about $50. They will date stamp them all, assign you a court date, keep one copy and hand you back two. Then you send one to the ex via certified mail (make sure he receives this at least 72 hours prior to the hearing) but allow yourself time to get that return receipt (you'll need it as proof of service). Then you all show up at your court hearing and placement will be changed as long as you both agree.
2007-02-28 16:16:10 · answer #5 · answered by Hollynfaith 6 · 0⤊ 0⤋
To the best of my knowledge, depending upon the state you live in it is as simple as drawing up a custody or parenting agreement and signing it (a notary would be beneficial too).I'm not a lawyer officially until May but I have done family law and here in my state thats the rule.
2007-02-28 15:53:59 · answer #6 · answered by LawyerBarbie 2 · 0⤊ 1⤋
No. in case you and your ex agree on the custody substitute, there is not any favor to employ a criminal specialist.. in simple terms write down what you've agreed on and characteristic the record notarized. Bingo! it really is a criminal record which will get up in courtroom. Why would you employ a criminal specialist in case you settle???
2016-12-05 02:16:59 · answer #7 · answered by ? 3 · 0⤊ 0⤋
You can have a paralegal help you out. It is way cheaper than a lawyer. Write up an agreement first and have the paralegal draw the necessary paperwork for you.. If you and your ex agree, then you just file when you both sign.
2007-02-28 15:53:55 · answer #8 · answered by Sami Q 1 · 0⤊ 1⤋
Neither parent needs to sign no agreement being it is uncontested. The two of you are agreeing on this issue and so it should be okay being that you are legally married.
2007-02-28 16:12:10 · answer #9 · answered by JoJoBa 6 · 0⤊ 1⤋
yea, thats the first step, then you still have to file it in court
2007-02-28 16:05:59 · answer #10 · answered by zether 6 · 1⤊ 0⤋