How long?


#1

We are looking at filing for a modification of custody/child support do some substantial changes that have occurred since the last signed agreement back in August 2006. I know this is not going to be an easy process, but what is the process that one goes through, meaning what are the steps taken? (We will be hiring a lawyer) And how long can this process take, meaning can it be a quick process or is it normally a long drawn out process? If it happens to go to court, does that make the process even longer? Thanks.


#2

The first step will be to file a Motion to Modify which outlines the changes you allege have occurred in the past 3 years, and which warrant a change. Most counties will require that a mediation take place prior to setting a trial date. The process could take anywhere from a few months to a year depending on the docket backlog in your county.


#3

When filing the modification paper work and you state all of the changes that have occurred, can you ask for a change of custody during this as well, due to the changes that have occurred and also what will be happening with the child in the near future, i.e. starting kindergarden that affects the what is in the best interest of the child?


#4

Yes, in my opinion the child’s entry into school could create a substantial change in circumstances which would affect the child’s wellbeing and therefore warrant a change in custody.