How to File a Motion for a Child Custody Examination
- 1). Discuss changes that need to be made with your ex-spouse. If you both can come to an agreement, then your case is an uncontested modification. If you cannot come to an agreement, you may need to file a contested modification petition.
- 2). File a request for child custody modification petition with your civil court clerk. Forms can be filed personally in most states, although it may be best to hire an attorney to complete and file forms for you.
- 3). Serve your ex-spouse with a copy of the petition and instructions on how to respond to the petition. A court due process server can be hired to do this although paperwork may also be sent via certified mail.
- 4). Attend all court hearings scheduled. You will be required to produce proof and supporting evidence of any and all claims regarding your situation. Bring all paperwork, witness statements, agreements between you and your ex-spouse and agency information from any government or private entity involved to court with you.
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