How do I request a change of venue/custody

[capellam44]

My friend has 2 girls. She and her partner split almost 2 years ago. Custody was filed in Springfield MO. Since that time, my friend, Mrs. K, has moved to Colorado. She was told that if the girls spend the majority of their time here (and they do) and lived in CO for over a year (and they have), she could file to have the case moved to Colorado.

The questions we want answered are:
1. Is there a way for Mrs. K to change the venue on her own, without aid of a lawyer? What forms would she need to file in order to do so?
2. Can she change the rules of custody at the same time? She no longer wishes her girls to spend the entire summer with her ex.
3. Can all this be done in CO? Is there a need to return to MO as neither parent resides there.

 

[army judge]

My friend has 2 girls. She and her partner split almost 2 years ago. Custody was filed in Springfield MO. Since that time, my friend, Mrs. K, has moved to Colorado. She was told that if the girls spend the majority of their time here (and they do) and lived in CO for over a year (and they have), she could file to have the case moved to Colorado.

The questions we want answered are:
1. Is there a way for Mrs. K to change the venue on her own, without aid of a lawyer? What forms would she need to file in order to do so?
2. Can she change the rules of custody at the same time? She no longer wishes her girls to spend the entire summer with her ex.
3. Can all this be done in CO? Is there a need to return to MO as neither parent resides there.

You should encourage Mrs. K to speak to a family law attorney, ASAP.
She may have violated her custody order by moving from MO to CO without seeking the court's permission before she scooted off to CO.
A CO attorney can advise her properly, before the father of the children initiates an action that might end up costing Mrs. K in ways that even money can't fix.
By the way, if the man was married to her when the children were born (or he has established paternity and is named in the custody order), Mrs. K may have made a very serious mistake.
Mrs. K needs far more assistance than a poor, ;ittle online forum can provide, she requires the services of an attorney that she retains on her dime.
Otherwise, the cheap remedy might be to immediately beat feet back to MO and she can attemnpt to remediate any issues her errant and uninformed actions may have wrought.

 

[txls]

1. Not advisable to proceed without a lawyer.
2. She doesn't get to just "change the rules."

She can do a thorough read of her current custody arrangement to find out if there were geographic restrictions on residence.

 

[Proserpina]

Fine, I'll do some digging

OP - exactly why is Mom wanting to reduce visitation? Yes, it matters. It matters a great deal and it may be best for her to learn that here before she starts paying for an attorney.

 

[capellam44]

The custody agreement was arranged before her move with the understanding she would be moving. So the fact that Mrs. K is in CO was completely agreed upon by her ex. (ex boyfriend, she was never legally married)
The custody agreement states that the ex gets the kids during Christmas and summer breaks, meeting in Wichita KS as a half way point. The ex was to return home to Springfield MO. If he wanted to travel anywhere outside the state of MO, he had to get written approval before the exchange took place. It was also agreed upon that the ex pay $150 during the time in which Mrs. K has the kids. When the ex had the kids, no money was to exchange place for support.

Due to the lack of payments, Mrs. K filed for child support with the state of CO. Of course the ex is not happy with this decision, but as he skipped numerous payments, Mrs. K had no options other than to file for support.

In the agreement it also states that Mrs. K was free to move within the state of CO and the ex was free to move within the state of MO with proper notification of address change. They are not allowed to move outside their respective states.

Also, it was about a month ago that the ex lost his job and moved to IA. He is no longer in MO and moved without notice. The reason for changing the agreement is the ex is a known drug abuser and has been getting worse after the separation. Mrs. K does not wish to put her kids in danger with a man who uses illegal drugs. He has been arrested, convicted before of this offense.

Not sure if it matters, but the 2 girls really don't want to spend the time with their dad. They feel that the time with him is too much.