Respond to a Motion to Modify Custody

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How to Respond to a Motion to Modify Custody

Custody cases are an ongoing process that can regularly be altered through the filing of a motion to modify custody. Either party in a custody case can file a motion in an attempt to have previous custody orders changed. If you don’t file an opposition to a motion to modify custody, the other party has a chance of automatically being granted their request. For this reason, it is important to be informed on how to respond to a motion to modify custody with the assistance of an experienced Reno custody attorney.

What to Do When You Receive a Motion

  1. Read the Motion

If you have had the motion to modify custody filed against you, you should begin by reading through the motion to find out what the other party wants to change. Once you have finished reading the motion, you should make a decision on whether you agree or disagree with the content of the motion. If you agree to the changes requested in the motion, you can solve a stipulation and order to resolve the issue outside of court. If you disagree with the contents of the motion, you can draft and file a response to the motion. A Reno custody attorney can draft either of these documents for you.

  1. When to Create a Response

A filed written opposition to the motion to modify custody is required by the other party if they disagree with any aspect of the motion.

  1. Fill Out the Forms

When responding to a motion to modify custody, you must fill out the following documents:

  • Opposition to Motion to Modify Custody
  • Motion/Opposition Fee Information Sheet
  • Financial Disclosure Form
  1. File the Forms

Once you have completed the forms required to respond to a motion to modify custody, you must file the forms through the Reno, Nevada courthouse.

  1. Serve the Other Party

The other party in a custody case must be served with your opposition papers in order to inform the other party of your filings and give them the opportunity to respond.

  1. Wait for the Judge’s Decision

Once the forms have been completed and filed, a judge will review all of the paperwork submitted by both parties and make a decision about the issues conveyed in the motion, opposition, and possible reply to the opposition. The decision will be outlined in order and both parties must obey the order.

If you need assistance in responding to a motion to modify custody, contact Carlson & Work today at 775-386-2226. Our experienced Nevada family law attorneys will help streamline the family court proceeding process.


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