Fillable Printable Petition/Motion to Modify Custody/Visitation Instructions For Completing DOM REL 7 - Colorado

Petition/Motion to Modify Custody/Visitation Instructions For Completing DOM REL 7 - Colorado

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DRIN 7 - Revised 9 March 2001

PETITION/MOTION TO MODIFY CUSTODY/VISITATION

INSTRUCTIONS FOR COMPLETING DOM REL 7

If you already have a court order for custody or visitation, you can request the court to

change custody or visitation. To do this you may: (1) obtain the services of an attorney to handle

your case; or (2) file the case yourself by using the DOM REL forms.

Use this form only if there is already a court order for custody or visitation AND you were

named as a Plaintiff or Defendant in that court case. To complete this form, you will need a copy

of that order. If you do not have a copy, ask the Clerk of the Court how to get one.

There are 6 steps you must follow in order to proceed with the case yourself:

> STEP 1 — Completion of Form DOM REL 7.

Follow these instructions carefully.

Use this form only if there is already a court order for custody or visitation AND you were

named as a Plaintiff or Defendant in that court case. To complete this form, you will need a copy

of that order. If you do not have a copy, ask the Clerk of the Court how to get one.

After you have a copy of the original court order, fill in:

●the case number exactly as it appears on the order;

●the name(s) of the Plaintiff and the Defendant(s) exactly as they appear on the order;

●the current addresses and telephone numbers for the Plaintiff and each Defendant. If

you do not have an address for a defendant and you have done everything you can to

find the address, call the Legal Forms Helpline

(1-800-818-9888) to see if resources are available in your county to help you.

Line 1: After printing your name in the space provided, circle if you are the mother or

father of the child(ren) or fill in your relationship to the child(ren). List the child(ren)’s

full name(s) and date(s) of birth.

Line 2: Looking at the order, fill in the date, city or county where the order was

granted, the case number, the name of the person with custody, and the name of the

person(s) granted visitation.

Line 3: For the court to grant your petition to modify custody/visitation, there must

have been a change in circumstances that makes it in the best interests of the child(ren) to

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DRIN 7 - Revised 9 March 2001

change the custody/visitation. Explain what has happened to make this change in

custody/visitation necessary.

Line 4: Indicate any other cases that have involved the children.

FOR THESE REASONS:

●Explain how you would like the custody/visitation to be changed.

●If you are also seeking a change in the current child support order, check off the box

indicating you are seeking such a change.

The court will not necessarily give you what you asked for.

Date and sign this form.

> STEP 2 — Filing Fee.

Payment of a filing fee is generally required. See General Instructions.

> STEP 3 — Filing Your Forms.

Take the completed documents to the Clerk of the Court.

> STEP 4 — Service.

You will need to have the other party properly served with a copy of all the papers you are

filing AND with a Writ of Summons which is provided by the Civil Clerk of this Court. See

General Instructions.

> STEP 5 — Request for Hearing or Proceeding.

The Petition/Motion for Modification of Custody/Visitation alone will not get you into

court. You may need to file a Request for Hearing or Proceeding, DOM REL 59 so that a court

date will be set. See General Instructions.

> STEP 6 — Hearing.

See page 5 of the General Instructions - What Happens in Court?

Custody is one of the most difficult types of cases. IF A CHANGE IN CUSTODY IS

CONTESTED, YOU SHOULD SEE AN ATTORNEY.

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Effective January 1, 2003

Circuit Court for _________________________________________________________________

City or County

CIVIL–DOMESTIC CASE INFORMATION REPORT

Directions:

Plaintiff: This Information Report must be completed and attached to the complaint filed with the Clerk of

Court unless your case is exempted from the requirement by the Chief Judge of the Court of Appeals pursuant to

Rule 2-111. A copy must be included for each defendant to be served.

Defendant: You must file an Information Report as required by Rule 2-323(h).

THIS INFORMATION REPORT CANNOT BE ACCEPTED AS AN ANSWER OR RESPONSE.

FORM FILED BY: PLAINTIFF DEFENDANTCASE NUMBER:_______________________

(Clerk to insert)

CASE NAME: _____________________________________ v _________________________________________

PlaintiffDefendant

PARTY’S NAME:________________________________________ PHONE: ( )

(Daytime phone)

ADDRESS: _____________________________________________________________________________________

PARTY’S ATTORNEY’S NAME: ___________________________ PHONE: ( )

ATTORNEY’S ADDRESS:________________________________________________________________________

 I am not represented by an attorney

RELATED CASE PENDING?  Yes NoIf yes, Court and Case #(s), if known:______________________

Special Requirements?Interpreter/communication impairmentWhich language______________

(Attach Form 1-332 if Accommodation or Interpreter Needed)Which dialect________________

ADA accommodation:___________________________________________

ALTERNATIVE DISPUTE RESOLUTION INFORMATION

Is this case appropriate for referral to an ADR process under Md. Rule 17-101? (Check all that apply)

A. Mediation Yes NoC. Settlement Conference Yes No

B. Arbitration Yes NoD. Neutral Evaluation Yes No

IS THIS CASE CONTESTED? Yes NoIf yes, which issues appear to be contested?

 Ground for divorce

 Child Custody Visitation

 Child Support

 Alimony Permanent Rehabilitative

 Use and possession of family home and property

 Marital property issues involving:

 Valuation of business Pensions  Bank accounts/IRA’s Real Property

 Other: _________________________________________________________________________

 Paternity

 Adoption/termination of parental rights

 Other: ________________________________________________________________________________

Request is made for:  Initial order  Modification  Contempt  Absolute Divorce  Limited Divorce

For non-custody/visitation issues, do you intend to request:

 Court-appointed expert (name field)___________ Mediation by a Court-sponsored settlement program

 Initial conference with the Court Other: _____________________________________

For custody/visitation issues, do you intend to request:

Mediation bya private mediatorAppointment of counsel to represent child (not just to

 Evaluation by mental health professionalwaive psychiatric privilege)

 Other Evaluation ____________________ A conference with the Court

________________________________________________________________________________________

Is there an allegation of physical or sexual abuse of party or child? Yes No

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CASE NAME: ______________________ V _____________________ CASE NUMBER: _____________________

PlaintiffDefendant(Clerk to insert)

TIME ESTIMATE FORA MERITS HEARING: ________ hours ________ days

TIME ESTIMATE FOR HEARING OTHER THAN A MERITS HEARING: ________ hours ________ days

_________________________________________________________________________________

Signature of Counsel/PartyDate

___________________________________________

Print Name

___________________________________________

Street Address

___________________________________________

City/State/ZIP

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DR 7 - Revised 9 March 2001

Circuit Court forCase No.

City or County

Name Name

VS.

Street Address Apt. #Street AddressApt. #

( ) ( )

City State Zip Code Area TelephoneCity State Zip Code Area Telephone

Code

Plaintiff Defendant No. 1

Name

Street AddressApt. #

( )

City State Zip Code Area Telephone

Code

Defendant No. 2

PETITION/MOTION TO MODIFY õ CUSTODY õ VISITATION

(DOM REL 7)

I, , representing myself, state that:

My name

1.Iam the mother/father or of :

Relationship (for example, aunt, grandfather, guardian, etc)

name of child date of birthname of child date of birth

name of child date of birthname of childdate of birth

name of child date of birthname of child date of birth

2.On the Circuit Court for issued

City or County

an order in case number , granting custody of the child(ren) to

and visitation to .

3.Since the order, circumstances have changed and the Order is nolonger in the best interest of

the child(ren) because:

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DR 7 - Revised 9 March 2001

4.I know of the following additional cases concerning the child(ren) (such as domestic violence

(protective order), paternity, divorce of the child(ren)’s parents, custody, visitation, or

juvenile court cases):

Court

Case No. Kind of CaseYear FiledResults or Status (if you know)

FOR THESE REASONS, I request the Court change custody and/or visitation as follows:

State the changes thatyou are requesting

and order anyother appropriate relief.

[ ]Iam also requestinga changein the current child support order.

Isolemnlyaffirm under the penalties of perjurythat the contents of the foregoingpaper are

true to the best of my knowledge, information, and belief.

DateSignature