Child custody modification examples

[olhobbes]

What is the name of your state (only U.S. law)? CA

Hi folks,

I'm looking to file a modification, and would love to read over some examples of successful ( and not so successful ) modifications. I know the points I want to make, but I need to see the format and wording. It would be ideal if I could get examples from my local court, so I could get a read on what the judge's/mediator's preferences are.

Question is: How do I find this information? What's the correct wording I should be searching for? Where might I look?

As always, thank you in advance.

 

[stealth2]

Go to your local courthouse and request copies of similar cases.

 

[LdiJ]

What is the name of your state (only U.S. law)? CA

Hi folks,

I'm looking to file a modification, and would love to read over some examples of successful ( and not so successful ) modifications. I know the points I want to make, but I need to see the format and wording. It would be ideal if I could get examples from my local court, so I could get a read on what the judge's/mediator's preferences are.

Question is: How do I find this information? What's the correct wording I should be searching for? Where might I look?

As always, thank you in advance.

As you know from past questions and answers, you need a solid reason/change of circumstance to file a modification. While wording can make some difference, if the underlying reasons/change of circumstance isn't solid, then even the world's best wording won't help you.

 

[olhobbes]

As you know from past questions and answers, you need a solid reason/change of circumstance to file a modification. While wording can make some difference, if the underlying reasons/change of circumstance isn't solid, then even the world's best wording won't help you.

I know, and I appreciate past information from various posters. I will have a change of circumstances, so I want to make sure my filing is clear and easy for the judge/mediator to understand, and that I clearly address the points they have historically been concerned with. Which means learning the language and format used, and ideally studying both good and bad examples of previous modification requests.

 

[stealth2]

Just because a petition is well written does not mean it will be successful. An unsuccessful petition is not necessarily poorly written. The devil is in the details.

 

[olhobbes]

Just because a petition is well written does not mean it will be successful. An unsuccessful perition is not necessarily poorly written. The devil is in the details.

I know. The details are what will determine the eventual status of any modification request. A well written petition simply presents those details in the clearest, easiest manner for mental digestion.

 

[single317dad]

Boilerplate forms are commonly found in West Law book series. Law libraries (and some public libraries) carry these, though my experience is that not every library has every book. Your state may have an online library index to help you locate a particular book before driving around searching.

Your clerk or records office can provide you with copies of case files. Some information will be confidential. Other filings will be public and can be copied for a fee. You'll probably need to know which cases you want to see when you arrive (not "all of last month's child custody cases"). If your county has an online records system, you might do some creative searching to find the cases you want.

Recent case law for your area will guide you in your arguments. Things change all the time. If you go in with a copy of someone else's petition from 5 years ago, and the appeals court made a relevant decision 6 months ago, you'll look pretty silly.

 

[mmmagique]

Ok, I'll bite. OP, what are your change of circumstance(s)?

 

[olhobbes]

Ok, I'll bite. OP, what are your change of circumstance(s)?

I was purposefully avoiding that as it wasn't relevant to my question and I was worried about derailing the thread, but I get the curiosity. I got some good answers already though, so I can indulge. ( btw; single317dad, stealth2, LdiJ, I appreciate your assistance, as always ).

The CO specifics a specific school, so when my daughter ages out of the school we won't be able to follow the CO.

 

[Zigner]

I was purposefully avoiding that as it wasn't relevant to my question and I was worried about derailing the thread, but I get the curiosity. I got some good answers already though, so I can indulge. ( btw; single317dad, stealth2, LdiJ, I appreciate your assistance, as always ).

The CO specifics a specific school, so when my daughter ages out of the school we won't be able to follow the CO.

What makes you think that's a change of circumstance with regard to child custody?

ETA: It absolutely is relevant.

 

[olhobbes]

What makes you think that's a change of circumstance with regard to child custody?

ETA: It absolutely is relevant.

It will no longer be possible to follow the CO. The reason I don't think it's valid is because that's not what I was asking about. I merely wanted to know where I could find some information and wanted to stay focused on that.

 

[Zigner]

It will no longer be possible to follow the CO. The reason I don't think it's valid is because that's not what I was asking about. I merely wanted to know where I could find some information and wanted to stay focused on that.

You want to know how to do something, right? Don't you want to know if you even can do it?

The question you have (how to write the motion) is moot, since you don't have a change in circumstances sufficient to change custody in the first place.


ETA: Let's step back a little - what are you trying to accomplish in your modification?

 

[Isis1]

you can absolutely request a modification in the court order to REFLECT the new school as part of the change.

you can do this two ways. pull out your old court order, rewrite it word for word while inputting the new school's name. THEN, submit it to the other parent for a stipulated signature and submit that new order to the judge.

OR, file a completely new motion to modify the court order to reflect that change.


now....if you are looking to change physical custody on the basis you did not think long term for the court order....then i need your courtroom date and address so i can bring popcorn.

 

[olhobbes]

You want to know how to do something, right? Don't you want to know if you even can do it?

The question you have (how to write the motion) is moot, since you don't have a change in circumstances sufficient to change custody in the first place.


ETA: Let's step back a little - what are you trying to accomplish in your modification?

With all due respect, I know I can file. I also know that when a significant portion of the CO is no longer valid, the CO needs to be updated. I'm sure the court *can* reject my petition, but then that leaves the school choice ambiguous.

As to my goal; to bring my daughter back to a local school district.

 

[Isis1]

With all due respect, I know I can file. I also know that when a significant portion of the CO is no longer valid, the CO needs to be updated. I'm sure the court *can* reject my petition, but then that leaves the school choice ambiguous.

As to my goal; to bring my daughter back to a local school district.

if the other parent is listed as the primary custodial parent, the child will remain in the same district. you wanting the child to move to your school district and can be done while still maintaining residence with the other parent via a district transfer AND the other parent's consent....you won't need a court order for that. you can stipulate though. that would be awesome.

now, if you are trying to fight to move the child to YOUR district and gain primary custody that way? i still want your courtroom number and will bring beer too.