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Smith & Garg - Attorneys at Law
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Domestic Dispute



Children & Divorce



Family Disputes



 

Child Custody - conservatorship FAQ

Faq's

Family Law attorneys, child custodyWhat must be done to change conservatorship from one parent to the other?

If the parties are agreeing to the change, an agreed motion to modify is filed with the court and if the judge agrees that the proposed change is in the best interest of the child, he will approve the agreed order.  If the child is twelve years old or more, he can sign a written election and file it with the court, indicating that the child is in agreement.

If the parties do not agree, even if the child wants the change, it becomes a custody suit.  The best interest of the child is still the court’s paramount concern.  If necessary, the court will order psychological examinations for the parties, a social study will be conducted and an attorney referred to as an amicus will be appointed for the child.  The costs involved can be significant and it is not unusual for each party to spend $30,000.00 dollars or more to prosecute the suit.

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