Modification of custody


#1

My friend separated from her boyfriend, he told alot of lies and got temporary custody until Sept. 15th, in which at that time I do not know what will occur. He was arrested last week for his 4th assault on a female, also there have been bruises noticed on the child in his care and custody. I told her to file a motion for modification of custody, but clerk told her only an attorney can file a motion. I find this unbelievable, as I have files many motions in the past for my own legal situations. I also recomended she go to CPS about this. We feel the child is in danger and is witnessing assault in the household and God knows what else. Can anyone give me some advise to help her please? I think Sept. 15th is too long to wait to leave the child in his fathers unfit care!


#2

An attorney is not required to modify custody, your friend can file this motion pro se. If there is an issue of violence against the children, your friend can file for a domestic violence order of protection (DVPO). When filing the Complaint for DVPO she request an Emergency Ex Parte Order. The Ex Parte Order is typically done the same day the complaint is filed and is only temporary - this is a very fast process. She will be given a date within 10 days have a hearing, at which point her ex would appear and defend the DVPO. If she succeeds in obtaining a DVPO she can be granted temporary custody as relief.