IF YOU DO NOT SERVE THE “ORDER OF COURT FOR MODIFICATION OF CUSTODY,” “ENTRY OF APPEARANCE,” “PETITION FOR MODIFICATION,” AND “CRIMINAL RECORD / ABUSE VERIFICATIONS,” OR IF YOU DO NOT SERVE THESE DOCUMENTS CORRECTLY, THEN YOUR CASE MAY BE DELAYED OR EVEN DISMISSED.
D. Instructions for completing the PETITION TO MODIFY CUSTODY – Form #4. The PETITION TO MODIFY CUSTODY has blank spaces and boxes for you to fill in the appropriate information or select an option. Below is a step-by-step guide for completing the PETITION.
1. CAPTION
i. Print the names of the Plaintiff(s), the Defendant(s), and the case number. This should appear exactly as the caption looks on the current ORDER OF COURT.
2. EMERGENCY ORDER REQUESTED
If you believe the circumstances in your case require the Court's immediate attention, please check “Yes” in the box provided.
Check “Yes” ONLY if you have an emergency situation which requires an immediate Court Order AND which can not wait until a normally scheduled conference – usually held in about three weeks. Check “Yes” ONLY in the most extreme situations such as when the other parent is threatening to leave the area with the child and permanently hide the child from the Court or the other parent.
Please also complete PARAGRAPH 6 Request for Emergency Order (see instructions below).
1V. Check "No" if this is NO1 an emergency situation. Do NO1 complete PARAGRAPH 6 if you checked "No." Threatening to prevent a regularly scheduled weekend visit, for example, should not be considered an emergency situation, but should instead be considered a valid basis for a Petition for Contempt. See the Enforcing a Custody Order Packet if you need to file a Petition for Contempt.
3. PARAGRAPH 1: YOUR NAME and ADDRESS
i. Print your name and your current address. If you have a separate mailing address, include that information as well.
4. PARAGRAPH 2: THE RESPONDENT'S NAME AND ADDRESS
i. Print the name of the respondent and indicate by checking the appropriate box if he/she is the mother, father, or has another relationship with the child(ren). Include his/her current address. If the respondent has a separate mailing address, include that information as well.
5. PARAGRAPH 3: INFORMATION REGARDING THE CHILD(REN)