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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.

Nov 29
1999

Ask a Lawyer: Whjat has to be done to switch custody of the kids?

Posted by: Dads Divorce

Tagged in: Visitation , primary , Parenting , motion , Modification , MO , judgment , custody , custody , consent , Ask A Lawyer

Question:

I have a 17 year old daughter that I want to have the legal claim of custodial parent. My ex is willing to sign over this right. The state dept that we spoke with said we need to have an attorney to get this done. Can you tell me what needs to be done and suggest an attorney?

Answer:

If the matter is by consent you need to file a Motion to Modify (along with a proposed parenting plan, financial statements and a filing fee check) in the Court that entered the divorce or paternity judgment. The Motion needs to be served upon the mother or she needs to file a waiver of service. After thirty days following service/waiver you can submit a proposed judgment to the court. Some judges will allow you to file the judgment with an affidavit from both parties so no court appearance is necessary. If you are not allowed to submit by affidavit a short court appearance is required. It may also be necessary for both parents to complete a parent education class. Please feel free to contact Cordell and Cordell P.C. at 1-866-DADS-LAW for a consultation.
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