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How to Change a Custody or Visitation Order
What is a change in custody?
A change in custody means changing who the
children live with or who can make decisions about
their health, education and other important things.
What is a change in visitation?
A change in visitation means changing the
schedule of when the children will be with the
parent who does not have custody.
How do I ask for a change in custody or
visitation?
If you want to make a change in the legal custody
orders, fill out these forms.
• Request to Change Custody or Visitation (PS-07)
• Child Support Information Sheet (CS-47)
What will the clerk do with my forms?
The clerk will:
• date-stamp all your forms,
• keep 2 copies, and
• give you a date-stamped copy for your records.
How will the other people involved in my
case know about the change in custody?
After you file your forms, the clerk will have
someone serve (give or mail) the other parent and
people in this case a copy of your forms (by Sheriff
or certified mail). That way they will know what you
are asking for.
Important! If the address you give for the other
parent (or other person with legal custody) is not
current, the court cannot hear your case.
Will the court make the custody change
I want?
It depends. If the other parent agrees to the
change you are asking for, the court may approve.
Will a change in custody affect child support?
Maybe. A change in custody could change:
• the amount of support to be paid, and
• the person who has to pay the child support.
If the other parent does not agree with the orders
you are asking for, the judge will probably not
change the custody orders, unless you prove that
the child/ren’s health or safety is at risk.
Can the court help me fill out my forms?
No. But this sheet gives you general information
about how to fill out the forms.
What is my case number?
Use the same case number as your previous
custody order.
What do I do after I fill out my forms?
Take your originals and 2 copies of each form to
the court clerk in the same county where your
current custody orders are from.
Do I have to pay to file my forms?
Yes. You must pay a filing fee in cash or with a
money order. The court clerk can tell you the exact
amount. If you cannot pay the fee, also fill out this
form to tell the court about your income and
expenses:
• Affidavit of Substantial Hardship
But do not sign it until you are in front of a notary
and swear that the information is true. The judge will
decide if the fees can be postponed.
What should I bring to my hearing?
Bring evidence that supports the change you are
asking for, such as documents and witnesses who
have personal knowledge of facts that support
your case.
What if I only want to change the visitation
schedule?
The court wants you and the other parent (or other
person with custody of the child/ren), to have a
parenting schedule that is good for the children. A
good schedule gives the children regular times
with each parent. This lets the children know which
parent they will be with and when. This helps the
children feel loved, secure and cared for.
Try to get an agreement with the other person in
this case about the change you want. Make sure
the court approves the agreement, because only
court-approved agreements are enforceable.
If you cannot get an agreement with the other
parent, you must show the judge there is a good
reason to change the visitation schedule.
If you believe the child/ren are at risk with the other
parent, ask the court for supervised visitation.
Need help?
Call Legal Services Alabama at: 877-393-2333
Or visit: www.alabamalegalhelp.org
Rev. 1/08
© 2008 Alabama State Bar
State of Alabama
Unified Judicial System
Form PS–02
Rev. 1/08
Request to Change Child Support
Case Number:
In the Court of (county): County, Alabama
Plaintiff’s First and Last Name
(the person listed as Plaintiff on your previous Order)
Defendant’s First and Last Name
(the other parent)
v.
Plaintiff’s Information
Defendant’s Information
Street Address:
Street Address:
Date of Birth (mm/dd/yyyy):
Date of Birth (mm/dd/yyyy):
Phone #:
( )
Phone #:
( )
q List the date and place where your current child support order was made
Date: County and State:
List the court case number of your current order (case #):
List the children your current child support order covers:
Name(s):
Age
_________________________________________________________________________________
________________
_________________________________________________________________________________
________________
_________________________________________________________________________________
________________
_________________________________________________________________________________
________________
w Why are you asking for a change in child support? (Explain what has changed):
_________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________
Important! You must also fill out and file an updated Form CS-41 (Financial Declaration).
e What orders are you asking for now?
Because of significant financial changes, I am asking the court to (check all that apply):
(cid:1) Make new child support orders at a court hearing to (check one):
(cid:1) increase child support (cid:1) decrease child support
(cid:1) Make an order to take child support from the supporting parent’s paycheck (a withholding order).
(cid:1) Order the other parent to keep (or get) health insurance that covers the child/ren listed above.
(cid:1) Other (explain):
Print your name:
Sign here:
Date:
Rev. 1/08
© 2008 Alabama State Bar
Microsoft Word - PS-02-edit.doc
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- Page(s): 2
- Fields(s): 36
- Average fields per page: 18
- Reading Level: Grade 9
- LIST Grouping(s):
CO-07-00-00-00, ES-03-00-00-00, CO-00-00-00-00, FA-00-00-00-00.
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Identified Data Fields:
We have done our best to automaticly identify and name form fields according to our naming conventions.
When possible, we've used names tied to our question library. See e.g., user1_name.
If we think we've found a match to a question in our library, it is highlighted in green. Novel names are auto generated. So, you will probably need to edit some of them if you're trying to stick to the convention.
Here are the fields we could identify.
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We've done our best to group similar variables togther to avoid overwhelming the user.
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plaintiff_nameplaintiff_address__1plaintiff_address__2plaintiff_dobplaintiff_phonedefendant_address__1defendant_address__2defendant_dob
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county_namedefendant_namechild_name__1child_name__2child_name__3child_name__4reason__1reason__2reason__3users1_name
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