Do I need an attorney to file a Motion to Change Custody?

No. You may file the motion on your own. However, the court will expect you to follow the same rules that an attorney must follow and pay any required filing fees. There are many complex issues in a custody case and most people prefer to have an attorney represent them. The Friend of Court (FOC) cannot file a motion for you, nor can the office provide you with an attorney or tell you what to say in the motion. If you have retained an attorney (for any reason), you cannot file this motion on your own. You must contact your attorney and have him/her do the filing.

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1. I want to change the physical custody of my children. What do I do?
2. Do I need an attorney to file a Motion to Change Custody?
3. Can the FOC assist parties in reaching an agreement regarding custody?
4. If a motion for custody has been filed, and the parents cannot reach an agreement on their own, what will the FOC do?
5. May I receive a copy of the FOC’s custody report and recommendation?
6. What happens if I have custody according to the court’s order, but the other parent does not return the child to me as required by the order?
7. How do I enforce the custody order if the other parent takes our child to another country?
8. Is the FOC allowed to investigate child abuse or neglect?
9. If I change my mind and want to stop my request for a custody change, what must I do?
10. If I object to the Referee’s Recommendation, what can I do?