Second, you must have an actual order that would need to be
modified. A child custody order means that a court file was opened and an order
was entered (i.e. signed) by a judge. Lots of people will file a child custody
action, but then resolved the case outside of court (typically via a separation
agreement) and then dismiss the child custody action. In this situation, you
would not be seeking a child custody modification, but rather you would be
requesting an initial child custody determination. I know this seems confusing,
but the takeaway here is that to request a child custody modification, you must
have a valid child custody order in place. If you are not sure about this, then
I recommend you go down to your local clerk of court, pull the old child
custody file (or files) and look to see if there is a valid child custody order
in the court file.
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