December 2007
If you are trying to change the original court order which gave legal custody of your child(ren) to your former spouse or parent of your child, you should first contact the Family Services Office in the court where the custody orders were made. If that office cannot help you, this booklet will help you ask the court to change child custody orders.
There will be a $70 fee to file your Motion for Modification and about a $40 to $60 marshal's fee. (Note: Marshals used to be called sheriffs.) If you cannot afford to pay certain fees, you can ask the court to waive them by filing a Fee Waiver Application. See the Legal Aid pamphlet, A Guide to Fee Waivers.
If you can afford to get a lawyer to represent you, we urge you to hire one. If not, we suggest that you follow the steps in this pamphlet very carefully. Please note that court and marshal procedures may be different from one part of the state to another. Please read the entire pamphlet before taking any of the steps.
The procedure outlined in this article will work only if:
1. An Connecticut court has issued a custody order and your former spouse or parent of your child now lives in Connecticut;
AND
2. You can prove that there has been a substantial change in circumstances since the court's last custody order and it is now in the best interests of the child(ren) for you to have legal custody. The judge will compare the court order with your new request.
1. There are a few forms you need to fill out and file with the court clerk (see list below). You can get the forms at the court clerk's office and on the State of Connecticut Judicial web site. You will also need to fill out a letter to give to the marshal (included in this pamphlet) to get the papers "served".
Court Forms Needed to Ask for a Change in Custody Orders:
2. Fill out a Motion for Modification form (JD-FM-174) using Sample Form 1 as a guide. This sample will help you understand what goes in the blanks. If you do not know your docket number, contact the clerk's office either in person or by telephone. Give the name of your case and ask for your docket number and the dates of any child custody orders made or changed by the court. Do not fill in the second page of the form --the court clerk will fill in that section.
3. Fill out an Appearance form (JD-CL-12). You only need to fill this out if you have not already filed one, or you are the plaintiff (the one who filed the case), or you have had an address change, or a long time has passed since the final judgment was made. The Appearance form tells the court that you are representing yourself. The court clerk cannot accept your Motion for Modification unless you have filed an Appearance.
4. If you are asking the court to change a final custody order ("post-judgment" order), the court may ask you to fill out a Request for Leave form (JD-FM-202). This form asks the court to give you permission to file the Motion for Modification.
B. Take the Papers to the Clerk's Office5. Give your completed forms to the clerk at the courthouse that made the original order. (This is called "filing" the papers). The clerk will fill in the date and time when the other parent is ordered to appear in court, as well as the date by which the marshal must serve the papers.
6. In some courts, you must pay the court filing fee (or file a Fee Waiver) at this time. In other courts, you pay the fee after the papers have been served. If you cannot afford to pay the fee, fill out a Fee Waiver Application (JD-FM-75). (See the legal aid pamphlet, A Guide to Fee Waivers).
7. Ask the court clerk for a list of marshals to arrange getting the papers "served" (see below).
8. Make three copies of the original papers that the clerk gives back to you. Keep one copy for yourself and give one to the court clerk. The original and the third copy are for the marshal (see below).
C. Get the Papers "Served" (officially given to the other parent)9. Before you contact the marshal, fill out the blank marshal's letter. Use sample marshal's letter below as a guide. This letter makes it easier for the marshal to "serve" the other parent.
10. Contact a marshal who covers the town where the other parent lives or works. You can get a list of marshals from the court clerk or on the CT Judicial website.
The marshal's fee for serving the papers is around $40 to $60. Some marshals will bill you after the papers are served and some make you pay before papers are served. You can call the marshal and find out. Tell the marshal if you have a fee waiver.
Either bring or mail the marshal:
the original Motion and one copy of the Motion.
11. After the marshal serves the papers, he/she will give you the original Motion of Modification with a Return of Service. The Return of Service is a paper signed by the marshal showing when and where he/she gave the other parent the papers. Make a copy of the Return of Service and keep it with your copy of the Motion. Some marshals file the Return of Service with the clerk directly.
D. File the Court Forms at the Court Clerk's Office12. Bring or mail the original Motion of Modification, the marshal's Return of Service (and the Request for Leave, if applicable--see Step 4) to the clerk's office to file. You will have to pay the $70 filing fee unless the court waived the fee.
If you do not know how the court "starts" or opens" the day, ask the court clerk. See Step 15 below.
E. Before Going to the Court Hearing13. Try again to speak with someone in the Family Services Office at the court where your hearing is to be held. Tell them about the court action you are bringing and ask for their help in communicating to the judge the seriousness of your situation.
F. Presenting Your Case In Court14. Be in court on the day and time set for the hearing. It’s a good idea to arrive about 15-20 minutes early. Note: Your witnesses (who must have personally seen or heard what they are testifying to) must also go to court. Witnesses might be the child’s doctor, teacher or someone who was watching how the other parent behaved with the child.
15. Go to the court clerk's office and ask about the way the court starts the day (called "opening" the court). Courts operate differently. Some courts open with a "calendar call" (where the names of the cases are read out loud in the courtroom) while others do not call the cases.
If you do not have an agreement with the other party or if you think you need help writing down your agreement, ask the clerk about signing up on the Family Services list. (See Step 16 for more on Family Services).
Calendar Call
If you do NOT have an agreement, say, "Ready,"
when your name is called. You will probably have to meet with Family Services to try to
work out an agreement.
IMPORTANT: Agreements do not change a court order until the judge approves or accepts the agreement and makes it an order of the court. Once the judge issues an order, you must follow it and abide by its terms.
16. Meet with Family Services. A meeting is only needed if you do not have an agreement or if you need help in writing down the agreement. The Family Services Officer (sometimes called Family Relations Officer or Counselor) will ask both of you questions and try to help you reach an agreement.
The Family Services Officer may make a recommendation to both of you about how to settle your disagreement. You do not have to accept his/her recommendation. You have a right to tell your side to the judge. The judge may order something different after hearing both sides.
If you still have not reached an agreement after this meeting, you will have a hearing where you present your case to the judge. The judge will then make a decision about your disagreement. You will have to accept and follow his/her orders.
17. Present your case to the judge after your meeting with Family Services:
At the end of the hearing, the judge may either make a ruling "from the bench" (right at that moment). Often, though, the judge will say "I'll take the papers," which means that a decision will be made later. In that case, the court clerk will send you a copy of the decision that has the judge's orders. If you do not hear from the court in a few days, call the clerk and ask about the case.
State of CT website - blank form: - Motion for Modification
Click here for Blank
Marshal's Letter Sample
marshal's letter.
Statewide Legal Services: (860) 344-0380 (Central Connecticut and Middletown area) 1-800-453-3320 (All other regions)
This document was produced by the Legal Assistance Resource Center of CT in cooperation with Connecticut Legal Services, Greater Hartford Legal Aid, New Haven Legal Assistance Association, and Statewide Legal Services.
The information in this document is based on the laws in CT as of December 2007. We hope that the information is helpful. It is not intended as legal advice for an individual situation. If you need further help and have not done so already, please call Statewide Legal Services (see above) or contact an attorney.
Copyright: December 2007