Family Law Questions? Ask a Family Lawyer Online.
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney here to assist you.
In order to seek a modification of the custody order, there must be some material change of circumstance that warrants a change. This can be a remarriage, a move, a financial problem, alcohol or drug problem, etc.
If there has been no material change in circumstances, there should be no modification of custody.
As far as what to do, you or your attorney should file a response asking the court to deny the request based on the fact that there have been no material changes in circumstances that would warrant a modification.
When you go to court, your claim should be the same.
Please let me know if you have any additional questions.
If the children have become pregnant, that is likely a material change.
In that case, the judge would have to determine whether or not a change in custody is in the child's best interest.
In that case, the judge will have to determine whether or not the children are better off with you or make a move. This will largely depend on the opinions of the children and also will depend on the best home environment they can be placed in.
Here's a good link that provides step by step information on what to do: http://www.kinship.msu.edu/Guardianship_Feb4.pdf
You can file a petition for guardianship with the county probate court and get this done.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).