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Commonly Asked Questions about Child Custody and Divorce Forms

You can get copies of divorce judgments or other written orders in divorce cases from the County Clerk. Copies of documents, other than the Judgment of Divorce itself, can only be obtained by one of the parties involved or by an attorney who is representing one of the parties.
The court considers various factors in granting full custody, giving priority to factors like: The childs relationship with each parent. Any history of child abuse, neglect, or substance abuse issues. Each parents ability to provide for the childs physical and emotional needs.
Q: How Long Does a Custody Case Take in California? A: A child custody case may take anywhere from several months to years, depending on your individual situation. A custody case with complex issues, such as multiple children or difficult schedules, will take longer.
To begin the process of changing your custody order, you will need to fill out the forms for a Petition for Modification of an Order of Custody/Visitation. You can file this Petition for Modification of an Order of Custody/Visitation through the NY Courts website or in the courthouse in the county or borough where
Abuse Any evidence of emotional, physical, verbal, or sexual abuse will render a parent unfit. Neglect Neglect, also referred to as abuse by omission, can include failure to provide adequate care. This can consist of inadequate nutrition, shelter, supervision, and clothing.
Some of these substantial changes could include remarriage, job loss, criminal conduct or a change in lifestyle. The judge may also be willing to hear requests from children over the age of 12 who want to spend more time with one parent.
Factors Considered for Substantial Change of Circumstances: Parental Unfitness: Evidence of a parents unfitness due to factors such as abuse, neglect, substance abuse, or mental illness may constitute a substantial change of circumstances.
Abuse, Neglect, Abandonment and Interference with visitation rights. Evidence that one parent abused, neglected or abandoned the child will affect custody, with the parent who committed such acts against the child being less likely to receive custody.