What to do if my ex-wife has primary custody of my son yet for the last 5 months he has been living with me?

She has seen him on average 10 days every month. She receives welfare and I am suppose to pay child support. I need to modify my custody papers I have documented on a calender the days he has spent with her. What documents do I need to fill out and file? I do know she is in contempt of court order custody.

Asked on November 16, 2012 under Family Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You will need to file an Order to Show Cause (court form) requesting a modification of custody.  With this document, you should also file a supporting declaration signed under penalty of perjury.  This declaration states the facts in support of your request to modify custody.  File these documents and a proof of service with the court.  When you file an Order to Show Cause, the court will schedule a hearing on the issue of modifying custody.  Serve a copy of the documents you have filed with the court on your ex by mail.  The proof of service verifies the date of mailing.  You can either use a court form proof of service or you can write your own.  If you write your own proof of service, it just says that you are at least eighteen years of age and the attached documents were sent via first class mail unless stated otherwise to ___________ (name and address of your ex) on __________ (date).  You sign and date the proof of service at the bottom.  The date you sign should be the same as the date of mailing and the same date you file your documents with the court.

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