Found an issue on this page? Let us know and we will look into it as soon as possible.
Do I need to file court documentation to create an addendum to my original divorce decree to change custody
Anonymous5 views2 answers
My wife and I share legal custody and she has physical custody of our children. My oldest just graduated and will be moving in with me. My daughter also wants to move in with me as well; her mother supports this decision. What do we need to fill out in order to make this change legal or at least enforceable? Can we just create a document and get it notorized or do I need to hire a lawyer, create a document, and have it filed in court?
If your custody arrangement was established by court order, then you need to go back to court to petition for a change in custody (this may also involve a change in child support). If the court was never involved, then you both have equal rights to your children and nothing needs to be done to change your arrangements.
Bottom line - however you set up the arrangements is how you will change them.
[This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]
The best practice is to change an existing order with a new order.
You or your attorney could prepare an amending order that cites the existing order, notes the couple changes you listed above, and maintains all other provisions of the earlier order that are not inconsistent with the new order in full force and effect.
The court may require you to re-open your case, which may require a pleading or payment of a fee. Some courts will want a motion to modify the order in their file. Other courts will accept the fully endorsed order.
