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Ask The Mystic Wave Your Own Question
The Mystic Wave
The Mystic Wave, Paralegal
Category: Legal
Satisfied Customers: 427
Experience:  30 yrs. exp. in the legal profession. Specializing in Personal Injury, Criminal, Civil & more.
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Child Custody

Customer Question

My 16-year-old daughter wants to live with me. Four years ago, the court ordered her (and her sister, who is now 18-years-old) to live with their father and his wife, where she has been very unhappy. Can I ask the court to change or modify the court order? If so, what is the process to do so? And, can I do this on my own or do I have to hire an attorney?
Submitted: 11 years ago.
Category: Legal
Expert:  Karel1 replied 11 years ago.
I suggest you call a lawyer who specializes in family court.You can usually get a free consultation either in person or on the phone.Your yellow pages can give you one or the bar association in your area will recommend one.Please be sure to mention your daughter is 18 which i do believe makes it legal for her to simply pack and walk out.
Expert:  The Mystic Wave replied 11 years ago.


Yes, absolutely, you can ask the court to modify the order for you. Modifying an order is fairly simple, it is not imperative to hire an attorney. If you wish, you can contact a paralegal's office to prepare and file the document for you.

The document can be as simple as the following:

You can submit a face page (that lists the case name, case number) and entitle it "Modified Order" - have an attachment which you also entitle Modified Order and state what the original Order entailed - then list what you would like modified.



Your signature

Then state the following which is for the judge:

It is hereby ordered that the above Modification to the original Order of _____________(date of the original Order) in the case entitled:___________, Case No:________be Modified setting forth the following: (then you list again all that is to be modified) - you include the date, as set forth below, including the judge's signature line.

Date: ______________


Judge's Signature

Please note that I have provided you with information as to my professional legal knowledge and experience of 30 years here in the State of California - as well as my knowledge of the laws in the State of Nevada. Most courts will accept such document filing - however, if not, the courts are most kind and professional in providing you with the proper information should they reject the document for filing the first time around.

In any event, when the modification order has been filed, the court will set a date for hearing. Please also note that if there is a filing fee for this document and should you have financial difficulties, you can ask the court to waive the filing fees by filling out the appropriate court forms for same. Also, please note that you must attach a proof of service to the document for which it states that you have served a copy of this document on all interested parties. Make sure that all interested parties are privy to the court date.

Should you have any further questions, please do not hesitate to let me know.

If this information was helfpul, I would appreciate having you accept my response.

Thank you kindly.

Bright Blessings.

Peace, Love & Happiness,

The Mystic Wave

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