My ex has agreed to allow me to move with our son. He is signing off on all paperwork. I am going to go next week to get all the paperwork filed at the court house. How long will it take for it to be official? I have heard a lot of times you will get a temporary hearing, but then the judge will decide not to have a trial since it is uncontested.
Even if the modification is agreed, you must file a Petition to Modify before an order can be presented to the Court.. Then present the filed Petition to your ex and ask your ex sign a waiver of service including waiver of notification of all proceedings and both of you sign the new order. Once everything is filed and signed, you may appear before your judge on a prove-up docket to have the modification order signed. Optimally, it could be done in a few days. CAVEAT: The Court could find your agreement is not in the best interest of the child and not sign the order. Any deviations from the best case scenario will add time to the process. You really should have an attorney draft the agreed order so that it is done properly. It may "look" easy but proper drafting is critical to an enforceable order.
This response in general in nature and not specific to any facts in your case. This response to this general question does not establish or an attorney-client relationship between the person making the inquuiry or the attorney responding to the inquiry.
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