One of the most complex types of family law cases is set or changes the custody of a child. Therefore, if you are contemplating filing a motion to change custody of your child, you should make sure you understand completely the applicable law and procedures of the court associated with a custody petition. The process of enacting it or change it either in terms of paternity or divorce begins with the filing of a motion duly prepared to set or to change custody.


  1. Obtain a form standard or sample motion clerk. They usually keep some basic forms and examples of motions. If custody is not established in a paternity or divorce, prepare a motion to set. If a custody order issued earlier and wants to change the arrangement, prepares the motion to change.
  2. Complete the form standard motion provided by the court or prepare a solution based on the sample obtained by the clerk.
  3. Argues in a motion to establish custody you are a suitable parent to have primary custody of a minor child. Two important points are that you must dial historically were the primary caregiver of the child and the best thing for him is that primary custody is established in your favor.
  4. Argued in a motion to change custody that “a material change in circumstances” occurred affecting the current custody arrangement, be sure to use the phrase “material change in circumstances.” Examples of this material change in circumstances include abuse or neglect of the child by the father in which currently resides custodial principal, the decision of the custodial parent moving out of state or improperly deny you access to child exercise your rights of visitation time.
  5. Send a copy of the motion to the other parent.
  6. Presents the motion with the court clerk.
  7. Get on the part of the clerk of the court (or the administrative assistant assigned to your case) the date and time of the hearing on your motion.
  8. Notifies the other parent’s scheduled hearing if the court does not send notifications. Normally, when lawyers involved in the case, you are required to make this notification. However, if you do not have representative office of the judge or the clerk probably make this notice you.

Tips and Warnings

  • The establishment, in particular the change of custody of a minor child is complex. The most convenient for you is to retain the services of a family law attorney with experience. You can access a directory of lawyers in different practice areas through both the state and local bar association. Contact information for these organizations is available through the Association of Lawyers in America.
  • Never underestimate the difficulty prevailed on a motion to change custody. The standard of “material change in circumstances” is difficult to meet. Not present a motion to change unless you have enough evidence to show an actual risk in the welfare of the infant or the parent with custody of the appropriate intentionally stopping you access to the child.

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