Child Custody Modification Process

Summary

The court denied the emergency modification of child custody, meaning no immediate change is needed. However, the petition will be reviewed in the regular court schedule. You dont need to file a separate petition; just await a hearing. Prepare by gathering evidence, preparing witnesses, and supplementing your petition with new evidence. Use the Odyssey e-filing system to manage filings and add the defendant as a service contact. Ensure all documents are served to the other parent and obtain proof of e-service.

Full Conversation

Kim
Hi Kim! How can I assist you with your legal issue today?
Hi I received the following order that was worded the following way, can you tell me what this means legally and what I should do next:
Hi Kim! To provide the best assistance, can you please share the exact wording of the order you received? This will help me understand its legal implications and guide you on the next steps.
This matter is before the Court on Petitioner’s Petition for Emergency Modification of Child Custody, filed on December *, *. Having considered the Petition, the attachments thereto and the applicable law, the Court finds that emergency relief is not necessary. Accordingly, the request for emergency relief is DENIED. This Petition for Modification shall be addressed in the regular course.
Hi Kim! The court has denied your request for emergency modification of child custody, meaning they don't see an urgent need to change the custody arrangement immediately. However, your petition will still be reviewed in the normal court schedule.
Do you have a lawyer, or would you like advice on the next steps?
I can’t afford a lawyer but does this mean I don’t need to do anything next or file a regular modification?
Kim, you will need to follow up on the regular modification process since the emergency relief was denied. The court will review your petition in the normal course. Make sure to gather any necessary documentation and be prepared to attend any scheduled hearings.
Would you like more information on how to prepare for this process?
Do I need to file a separate petition for modification in the same court or just await a hearing
You don't need to file a separate petition. Your current petition for modification will be addressed in the normal court schedule. Just await a hearing and ensure you have all necessary documentation ready.
Would you like tips on how to prepare for the hearing?
yes
Kim, here are some tips to help you prepare for your upcoming hearing:
- Gather Evidence: Collect all relevant documentation, including any changes in circumstances since the last custody order.
- Witnesses: Identify and prepare any witnesses who can support your case.
- Legal Research: Familiarize yourself with child custody laws in your area.
Would you like specific information on gathering evidence or preparing witnesses?
ues
Kim, here are some detailed tips on gathering evidence and preparing witnesses:
- Gather Evidence:
- Collect any documents showing changes in circumstances (e.g., school records, medical reports).
- Keep records of communication with the other parent.
- Document any incidents affecting the child's well-being.

- Preparing Witnesses:
- Identify people who can testify about your parenting skills and the child's needs (e.g., teachers, neighbors).
- Ensure they understand the importance of their testimony and are willing to appear in court.
Do you need more information on child custody laws in your area?
On my emergency motion I mentioned that I would be adding evidence as it becomes available. Should I now do a supplement to add the evidence or wait?
Kim, you should supplement your petition with the new evidence as soon as possible. This will ensure that the court has all relevant information for the upcoming hearing. Would you like guidance on how to properly file the supplement?
yes
Kim, to properly file a supplement with new evidence, follow these steps:
- Prepare a written supplement, clearly stating the new evidence.
- Attach copies of the new evidence.
- File the supplement with the same court handling your case.
- Serve a copy to the other parent (or their attorney, if they have one).
Would you like specific details on how to serve the other parent?
yes
To serve the other parent, follow these steps:
- Prepare the documents: Make a copy of the supplement and new evidence.
- Choose a method: Service can be done via certified mail, a process server, or sheriff.
- Proof of Service: Obtain and file a Proof of Service form with the court.
Would you like help with finding a process server or more details on completing the Proof of Service form?
can you tell me how to obtain proof of eservice
To obtain proof of e-service:
- Log in to the court’s electronic filing system.
- Navigate to the section where you can view or manage your filings.
- Look for the confirmation or receipt of e-service, which should include details of the service.
- Download or print this confirmation for your records.
Do you need more specific instructions on using the electronic filing system?
yes
Kim, here are specific instructions for using the electronic filing system:
- Log In: Access the court's electronic filing system and log in using your credentials.
- Navigate to Filings: Go to the section for viewing or managing your filings.
- Find E-Service Confirmation: Locate the confirmation or receipt of e-service.
- Download/Print: Download or print the confirmation for your records.
Would you like details on any particular e-filing system feature?
odessy
Kim, here are the steps for using the Odyssey e-filing system:
- Log In: Visit your court's Odyssey e-filing portal and log in with your credentials.
- Navigate to Filings: Go to the section where you can view or manage your filings.
- Find E-Service Confirmation: Look for the confirmation or receipt of e-service.
- Download/Print: Download or print the confirmation for your records.
Would you like more detailed help on any specific feature of the Odyssey system?
do I add the defendant as a service contact?
Yes, you should add the defendant as a service contact in the Odyssey e-filing system. This ensures they receive all relevant documents and updates regarding the case.
Would you like guidance on how to add a service contact in the Odyssey system?
Ues
Kim, to add the defendant as a service contact in the Odyssey e-filing system, follow these steps:
- Log In: Access your court's Odyssey e-filing portal and log in.
- Service Contacts: Navigate to the "Service Contacts" section.
- Add Contact: Enter the defendant's details (name, email, etc.) and save.
Would you like more information on managing service contacts?
yes
Kim, to manage service contacts in the Odyssey e-filing system:
- Log In: Access your court's Odyssey e-filing portal and log in.
- Service Contacts: Navigate to "Service Contacts".
- Edit/Delete Contacts: You can update or remove contacts as needed.
Do you need more help with another part of your case?