You stated that you no longer live in the state where you were divorced, but did not state whether the other parent changed states as well. This is important because of the potential issues of change of jurisdiction and need to domesticate your existing order.
The easiest and most cost effective way for you to modify custody CORRECTLY where both parties agree to all terms is to retain an attorney for the sole purpose of drafting your documents and advising you (specifically) on how to proceed.
I hope this information helps answer your question(s).
~ Kem Eyo
The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.
You will need to initiate a modification action to change custody. As part of the modification action, even if you and your ex-husband are able to agree on terms of the new arrangement, the court would still have to decide whether the modification is in the child's best interests. I advise that you at least sit down with an attorney and let them review the agreement you and your ex have come up with. The attorney may be willing to represent you pro bono or at a reduced rate, and/or depending on your financial situation if you are not able to afford to pay the filing fee you may be able to file a pauper's affidavit requesting that the filing fee be waived by the court. Keep in mind that you and your ex would also have to attend a parenting seminar , assuming this is in Georgia. If this case would be in Georgia, I may be interesting in providing a free in-person consultation at my office in Carrollton. My office ph # is 678-664-0800.
If both people agree you can hold the costs down with an uncontested modification. An agreement as to support, custody and visitation is a small piece of the paperwork, which also will include a verified petition, child support worksheet, financial affidavits, parenting plan, etc. You definitely need a lawyer's help.
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The most cost effective thing to do is hire an attorney. It may seem like a big cost now, but in the long run it can cost you a lot more due to fixing problems when the documents are incorrect, or you leave out crucial details. Changing a custody order from another state involves the UCCJEA, laws that specifically address interstate divorce and custody orders. You need an attorney to help you through the process. If your ex has agreed, then you may be able to find an attorney who will work with you on a smaller fee.
You need to get an attorney.
Darrell B. Reynolds,
Attorney and Counselor at Law
2385 Lawrenceville Highway, Ste D
Decatur, Ga. 30033
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