HOW TO MODIFY CHILD CUSTODY ORDERS Modifying custody orders Preparing your motion to modify custody Filling out your papers Getting the papers "served" (given to your former spouse) Before going to court... Presenting your case in court Forms For more information Modifying Custody Orders If you are trying to change the original court order giving legal custody of your child(ren) to your former spouse or parent of your child, you should first contact the Family Services Office in the court where the custody orders were made. If that office cannot assist you, this article will help you in trying to change your court orders of child custody. There will be a filing fee ($70 as of this writing) and a $40 to $60 marshal's (formerly called sheriff) fee. If you cannot afford to pay these fees, you may ask the court to allow you not to pay. Please see the Legal Aid booklet, A Guide to Fee Waivers. If you can afford a lawyer to represent you, we urge you to hire one. If not, we suggest that you follow the steps in this article very carefully, keeping in mind that court and marshal procedures may be different from one part of the state to another. Please read this entire article before taking any of the steps.

The procedure outlined in this article will work only if: 1. An order concerning custody has been made by a court in Connecticut and your former spouse or parent of your child now lives in Connecticut; AND 2. You can prove that the circumstances pertaining to custody have SUBSTANTIALLY changed since the last court custody order, and it is now in the best interests of the child(ren) for you to have legal custody. The judge will compare the court order with your new request. Back to top Preparing Your Motion to Modify Custody 1. You want to ask the court to order a marshal (formerly sheriff) to give the parent of your child your motion for a change in the custody order and a court order notifying him/her to come to court on a specific date to present his or her side of the case. 2. This article has BLANK FORMS for you to fill out. To help you do this, please first read Sample Forms 1 and 2 at the end of this article. Sample 1 is a Motion for Modification and is two sided. Before you go to court, you should fill out only the front side. Leave the back side (which has the Certification, Order to Attend Hearing and Notice, etc.) blank--it is filled out by the court. Sample 2 is a letter to the marshal. 3. Your motion will be filed with the same court that entered the original order. Contact the clerk's office either in person or by telephone. Give the clerk the

name of your case and ask for your docket number and the date(s) of any child custody orders made or changed by the court, the exact orders entered, and the name of the judge who entered them. Filling Out Your Papers 4. Prepare your motion using the BLANK FORMS in the center of this booklet. Sample Form 1 will help you understand what goes into the blanks on the front side. You should not fill in the back side of the Motion for Modification. The court clerk will fill in the information about the date and time of the hearing. 5. After you have filled out your papers, take the two-sided Motion for Modification to the clerk's office. The clerk will fill in the date and time of the hearing, as well as the date by which the marshal must serve the papers. In some courts, the filing fee or fee waiver papers must also be filed at this time. In other courts, the filing fee or fee waiver is filed after the papers have been served. 6. While you are in the clerk's office, fill out and file a pink "pro se" Appearance form. (This form tells the court that you are representing yourself.) Also, ask the clerk for a list of marshals. 7. After the clerk has given the papers back to you, make two copies of the motion--one to keep for yourself and one for the marshal. Getting the Papers "Served" (Given to your former spouse) 8. Before contacting the marshal, fill out the blank marshal's letter using Sample Form 2 as a guide.

Whether you speak with the marshal personally or contact him/her by mail you should give the marshal this completed page so that it will be easier for him/her to "serve" your former spouse. 9. Either bring or mail the original motion and one copy to a marshal who covers the town in which your former spouse lives or works. You should have a list of marshals from the court clerk which you asked for when you filed your "Appearance" form. If not, there is usually a marshal's office in the courthouse. Check the blue pages of your phone book under your court to see if one is listed or call to find out. If there is no marshal at the courthouse, or none of the marshals in that office covers the town in which your former spouse lives or works, ask the clerk or an available marshal how you can reach one who could serve the papers for you. 10. The marshal's fee for service is around $40 to $60. Some marshals will bill you after the papers are served while some require that you pay before the papers are served. You can call the marshal to find out. If you have received a waiver of fees from the court, tell the marshal that. 11. After the marshal serves the papers, he/she will give you the original motion with the "Return of Service" -- showing when and where the papers were given to the parent of your child. Make a copy of this Return of Service for yourself and keep it with a copy of the application. 12. Mail or bring the original motion (with the marshal's Return of Service) to the clerk's office to file. You will

now have to pay the filing fee if you have not already unless you have a waiver from the court. Before Going To Court 13. Try again to speak with someone in the Family Services Office at the court where your hearing is to be held. Tell them about the court action you are bringing and ask for their help in communicating to the judge the seriousness of your situation. Presenting Your Case In Court 14. Be in court on the day and time set for the hearing. We recommend that you ask a clerk what that court's procedure is for having your case heard. In many courts, the judge will begin by calling out the list of cases. When the judge calls your case: A. If you and the parent of your child, or his/her attorney, have been able to reach an agreement about the change in child custody arrangements, say "Ready with an agreement." B. If you and your former spouse and his/her attorney do not already have an agreement, say "Ready," and ask to see a Family Services Officer so that you can try to work out an agreement. If you sit down with a Family Services Officer, explain your situation to the officer. The Family Services Officer will try to help you reach an agreement. If you do, you must report it to the judge. In some courts, a meeting with the Family Services Officer is required.

Be specific as to how you want the custody arrangements changed, and Give the reasons why you believe it is in the best interests of the child or children to do so. 16. Be polite and respectful of the judge and the other side. The judge will probably require that you be "sworn in" (take an oath to tell the truth) before you testify. You will present your case first since you made the motion for a change in the court's order(s). State what you are seeking, for example, a change in child custody. State what the previous order was and what the substantial change is. Give your side of the story slowly and completely. Try to stick to the facts. The other side will have the right to ask you questions (cross-examine). After you have finished, the other side will be allowed to present its case. You will have the right to cross-examine your opponent or his/her witnesses, but your questions should relate only to what they testified about. Never argue with a witness. You also have a right to testify again to show that what was said was wrong (rebut what they said). 17. The judge may allow both sides to make a short argument after the witnesses have testified. You will probably be given the opportunity to speak first. Stay on the specific issues raised in your motion and be brief. The judge may lose patience with you if you go on too long. 18. At the end of the hearing, the judge may make a ruling "from the bench"--right then and there. Often, though, the judge will say "I'll take the papers," which

means that a decision will be made later. In that case, the clerk will send you a copy of the court's decision which will contain the judge's order(s). If you do not hear anything from the court in a few days, call the clerk and ask about the case. Back to top Sample Forms: Sample motion for modification Click here to go to State of CT website for blank form: - Motion for Modification Click here for blank Marshal's letter Samples are unavailable at the moment. For more information: Statewide Legal Services: (860) 344-0380 (Central Connecticut and Middletown area) 1-800-453-3320 (All other regions) Back to top This document was produced by the Legal Assistance Resource Center of CT in cooperation with CT Legal Services, Greater Hartford Legal Aid, New Haven Legal Assistance Association, and Statewide Legal Services. The information in this document is based on the laws in CT as of March 2005. We hope that the information is helpful. It is not intended as legal advice for an individual situation. If you need further help and have not done so already, please call Statewide Legal Services (see above) or contact an attorney. Copyright: March 2005