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The Military usually has their own paperwork. Who is signing the child over Mother to Father or Father to Mother?
Mother to Father
And are they married? or has Paternity been Established?
divorced with established paternity
Gotcha. Is there a current Order in effect from the Divorce regarding the custody rights?
it is 50-50 on placement and custody
the father has agreed to take over 100% of both so I can join the military
Okay. Then you would draft the new agreement with the new terms and file it with the Court. It may be titled something similar to "Consent Order Modifying Custody" or something similar. Then you can have the Agreement adopted by the Court by having the Judge sign it.
So I would get that from the court, fill it out have it signed and turn it back into the court?
A good place to start is by contacting the Clerk of Court at the Courthouse. If the case is closed, then you may have to re-open the case and pay a fee.
typically would there be a need to have a hearing over it, or would paperwork with both parties agreeing be sufficient
Many times, they have the forms available that you would need to fill out and file. Ask them what form you need to Modify custody and tell them the parties agree (if both parties agree)
When both Parties agree, sometimes you can do it without a hearing, or it may require a usually short 10 minute hearing or so.
When the Parties do not agree...then there might be lengthy proceedings.
It depends on each particular Court (and sometimes Judge by Judge)
Where I practice, some Judges require a short hearing and other Judge's will just sign it when both parents agree (usually notarized agreement is better)
Ok that's what I thought
Okay. Let me know if you have further questions.
Otherwise, if I have answered your question, please ACCEPT my answer.
Thank you and Good Luck!
Ok thank you!
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