Should I attempt to file a modification of custody pro se?

Can you and should you are two different questions. You can represent yourself in a modification case. Should you? As I like to say, "that's a you decision". Contested family law cases are very difficult to effectively represent yourself in. On top of knowing the legal aspects of your case, it is often helpful to have someone who is not as emotionally involved in the case as you are providing advice. Modifying child custody can become incredibly contentious. A knowledgeable family law attorney can help navigate those waters for you. Not all family law attorneys take the same approach, either. While it takes two to tango, you can find attorneys in your area who make an effort not to leave families in financial ruin after they are done with a case. My best advice is to call around and consult with many attorneys in your area. Everyone prices things differently, but ultimately, you need an attorney you feel most comfortable dealing with.

You could attempt to remove your own appendix with a kitchen knife when it bursts. And you can attempt to accomplish things in court without the three years of law school, twelve hours a year of CLE and years of experience. However, neither tends to go well, and if you mess up, you have the risk of losing custody you now have. It is not real common to have cases where judges split children, so that suggests a complexity in your case that not only requires a lawyer but requires a very experienced one. The bottom line is that if you want a good result, don't skydive without parachutes and don't go into court without a lawyer.

Even a lawyer who represents himself is said to have a fool for a client. Get a lawyer. It will cost you more not to have one. You may lose custody of your child, and you've suggested that the mother is unstable. If that's the case, you can hope the Court will see it, but if truly the case, then it begs the question of why you are not seeking custody of the child in her custody. I have no idea what you mean by "partial" custody. There is no such thing. Are you trying to say that you have joint physical custody? Joint legal custody? Both? In any event, do you have any idea how to demonstrate the two-fold legal burden in a modification action? Do you know what your legal burden is? Do you know how child support is currently determined and how to complete a CSW and CSA? Have you completed a DRFA and submitted a parenting plan? If these concepts are foreign to you - and even if they are not, you would be making a mistake on a matter this important to proceed without representation. Find an experienced family lawyer in your area and retain him - or her. PS. You said that you don't want to pay child support. Both parents have a duty to support their child. You might not be the one cutting the check if you get custody, but you will still be - or ought to be - supporting your child.

I agree with my colleagues. You should have an attorney represent you.