Family Law Questions? Ask a Family Lawyer Online.
I certainly understand the situation and your concern. Yes, you can do this on your own and I have provided a link below, that you can use. The most important thing for you to know, is that you will have to show it is in the best interest of your daughter, to have custody modified and to have her live with you full time. You do want to gather evidence to show and support what is happening with the father and why he should only have visitation, not custody. To change a custody or visitation order that is already in place, you need to file a petition to modify (change) the order at the courthouse that originally issued the order. Generally, for a judge to change your custody or visitation order, you need to show that there has been a substantial (significant) change in circumstances since the final order was made and that your proposed change would be in the best interest of your child. To begin the process of changing your custody order, you will need to fill out the forms for a “Petition for Modification of an Order of Custody/Visitation.” You can get the forms in the courthouse or you can file a custody or visitation modification petition online through the NY Courts website.
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I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!