Changes to a temporary custody order can be made by filing a petition for modification in court. In this case, a hearing is held and evidence for changed circumstances must be shown, states Lawyers.com. A modification may also be sought through a petition for a habeas corpus proceeding.Know More
In decisions regarding custody, courts put a high priority on the best interest of the child, indicates Lawyers.com. For this reason, there is a burden of proof on the person seeking modification of the temporary custody papers to show substantially changed circumstances.
Acceptable changes include remarriage, improved financial circumstances, improved health and children's preferences, according to Lawyers.com. These changes must have occurred after the temporary custody order was put in place. In some cases, the person must also show evidence of a detrimental change in the other parent's circumstances.
A parent may also file a petition for a habeas corpus proceeding. In this case, the parent seeking modification has the burden of proof to show that someone is wrongfully in possession of his child. Lawyers.com states that since courts place a high priority on a stable environment for children throughout the divorce process, the chances of modifying temporary custody orders are small.Learn more about Child Support & Custody
The state of Montana has free child custody forms for self-represented litigants available on the Montana Supreme Court website at Courts.MT.gov. The website also has links to child custody statutes and a list of recommended books for more information.Full Answer >
FindLaw.com provides free child custody forms and documents available for download, listed by state. Custody forms vary according to state laws and specific situations, and not all states make forms available online.Full Answer >
Establish legal guardianship of a child by filing a petition with the court, says FindLaw. The petition should state an interest in obtaining guardianship and should be accompanied by a letter of consent from the child's parents.Full Answer >
An individual can attempt to establish guardianship of a nephew by obtaining a family law attorney and filing a petition with the court. Consent of both parents, submitting to a home inspection and a criminal background check may be required, according to FindLaw.Full Answer >