Generally, a party seeking child custody modification must first file a motion to modify in the original case. The modification documents should specify why a change in circumstances exists and what changes are sought. Some states also require a supporting affidavit or declaration. This affidavit should include the specific facts supporting the parties' allegation in the petition of how the child is being harmed in the present environment. The documents should also state how the child would benefit from the requested change.
If possible, a party seeking a child custody modification should also submit supporting affidavits from medical personnel, teachers, neighbors and any others who have witnessed events demonstrating the undesirability of the current custody arrangement. If the basis for the change in custody is child neglect, affidavits of social workers, neighbors, babysitters, or school personnel with personal knowledge of the neglect should be included. Likewise, if the basis is some type of abuse, an affidavit of a physician, nurse or other medical personnel describing the injuries and the type of treatment given should be included. CLICK HERE to Find Out More.
