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How do I get a change in a custody order?

A judgment of default was ordered against me, for not filling an appearance form, I showed up to every court date but didn't have the $175 fee to file, because of this my ex husband was granted sole custody of our 3 children, He is very neglectful about there care and I am worried about there safety, I can not afford to hire an attorney but need help, even if it is just advice on what I should do. does anyone know where I can go to get free legal aid on custody issues, or county's legal aid department does not get involved with any family court.

Update:

I to find it very strange how this happened, my ex husband lifes in a 2 bedroom house with his grandmother, my 3 children (2 sons 1 daughter)sleep all together on a air matress in the living room, he lets them do any thing they want, including lighting fire works unsupervised, my 8 year old son came home after a weekend visit with burns all over his stomach from one. This is how court went, We went up and stood in front of a judge he asked if I had filed an apperance form I told him that I filed as a poor person like he said to and that I later got a phone call from a diffrent judge's cleark saying I didn't need to file just show up, I played the message for him that she left , the family court judge said he did care what the other judge said it was his court room and if I didn't have the apperance form filed I was in default and could have a set. Everything my husband asked for he got, they didn't ask any questions and I was not aloud to say anything, it was as if I didn't show.

5 Answers

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  • 1 decade ago
    Favorite Answer

    Well you can file an order modification in the family court. When you go to court ask the clerk where can you get a legal aid they have all the information you need. You have to be under poverty level to qualify for an attorney. If you are a good mother I don't see the need for an attorney. You can also request a judge change tell them you don't want to see that judge you have rights under the law to protect you too. I find it strange that they took your kids for that simple thing it's weird there has to be more involved but that's your business. Just make sure that you get your kids back and play a good role for them.

  • It's been a long time since I got my divorce, but I didn't have a lawyer and I retained custody of my 4 children. If I remember correctly, the courts have free or reduced fees if you are low income and without an attorney. You need to do a lot more research and educate yourself on the requirements of the courts where you live. I would think that your kids would have at least been worth the $175. Getting a change of custody is just about as easy as changing water into wine. Good luck.

  • 1 decade ago

    It usually takes a lot for the courts to grant custody to someone other than the Mother, so I also question this. That said, the only other option you have is see if your state or county has legal aid, which can usually be found under "lawyer" in the phone book. They can provide an attorney for low-cost to you.

    Best of luck.

  • First you must take a good look at your situation and ask yourself, did I lose custody ONLY because I didn't have the money to file? That is a bit difficult to believe. You need to be honest with yourself and don't make any false accusations against him. If you are certain that he is not treating your children as they should be, you need to call your local division of family services and report him. Let them investigate and they will decide if those children need to be there. Too often, a parent is blinded and hurt by losing custody of their children, but for a woman to lose custody only because she did not have $175.00, well, I find that simply a lie.

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  • Anonymous
    1 decade ago

    I am sorry to break in the news, but American courts do not look favorable on people who do not shower their lawyers in money.

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