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How do I change/amend a custody agreement/order?

1 Answers. Asked on May 08th, 2012 on Child Custody - California
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I am divorced and have 100% physical custody of my 2 boys 9 & 5. Their father and I have 50/50 legal custody. I have not recieved ANY child support ever, and have been on welfare for 2 years as a direct result. Dad sees the boys maybe every other weekend, but sometimes not even that. I have reason to beleive that there are some un-safe, and quite questionable things going on in this mans life... His own mother and I have decided we CAN NOT let him have the boys anymore. I fear for their lives when he takes them. I fear for his, when my boys return home. How can I keep him from taking the kids? I need supervised visitation ONLY if even that! How do I go about making this happen? This is urgent! Thank you.
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Answered on May 09th, 2012 at 5:22 PM

Generally, to modify a custody/visitation order you would file an Order to Show Cause to get a hearing date for modification of custody. If it is urgent, such as some possible danger to the children, you could go into court on what is known as an "ex-parte" basis by giving the other party at least 24 hours (generally) notice of the hearing.  At that time, the court will review your declaration and decide whether or not to make some temporary custody/visitation orders until you return to court for a full hearing within 3 weeks.

This response is general in nature and should not be considered legal advice.



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Child Custody
Your children are precious, and issues of child custody shouldn't be treated casually. Even the most amicable splits and custody agreements should be negotiated with the assistance of child custody attorneys and approved by the courts. Once a judge has approved the agreement, changes in custody or visitation, as well as enforcement of child custody agreements, should be handled with the assistance of your lawyer. Child custody law firms can also work with grandparents and other parties other than parents who are seeking custody of a child.
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