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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11759
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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What steps do I take to gain custody of my seventeen year old

Customer Question

What steps do I take to gain custody of my seventeen year old daughter who wants to change custody from her mother to father because daughter reported to DCS of sexual misconduct by step father
Submitted: 1 year ago.
Category: Family Law
Expert:  AttyHeather replied 1 year ago.
Hi, I'm Heather, an attorney with 15 years practice experience. I can give you general information, not to be construed as legal advice.In order to change custody, you have to file a Petition for Modification in your divorce case. In that petition, you have to allege that the custody provisions in the decree of divorce are no longer in the best interests of the child, and state that a substantial and material change of circumstance has occurred since entry of the decree, to wit: that your daughter has reported her step-father for molestation, and that she no longer wants to live in the household with him or her mother, and that she desires to live with you. You would file that with the court along with a motion asking for an immediate hearing for immediate custody. I have searched through the Tennessee court's website to see if they have forms for a Petition to Modify Custody. I did find forms available to the public for a divorce, but not the Petition to Modify Custody, which is what you need. I did however, find a sample Petition to Modify (for just child support). The Petition to Modify Custody would include the custody provisions that I discussed above, and be in a similar format to the documents in the sample petition to modify child support that I emailed you. I hope that helps. Unfortunately, it looks like there aren't free forms online in your state, but you are free to make your own and file them at the court, or of course, hire an attorney. Let me know if this helps.

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