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uscgurl
10-19-2005, 10:07 AM
Does there have to be a motion filed in court for a change of custody before there can be an court order for a CASA volunteer or an In Camera discussion between children and a judge?

My ex husband was denied joint custody one year ago, (no change in circumstances to warrant it) now he wants full custody of my son. They have not filed another motion requesting full custody.....there is no motion.....just these requests for CASA volunteers, discussions with the judge, etc. My attorney has denied these requests.

Which comes first?

Thank you for your time!

shedo
10-19-2005, 01:07 PM
If you have an attorney, that would be your best source of information for these questions.

I would guess that those requests can be made, but the reason your attorney is denying them is because there is no basis (no motion to modify custody).

elklaw
10-19-2005, 07:08 PM
Not sure what you mean by CASA but am thinking it is some kind of guardian ad litem program. Basically, it is up to the court and it sounds like maybe there were not changed circumstances enough for the court to feel that a change was in the best interest of the child. I suggest consulting a local attorney familiar with the courts to see if this is a case of a judge and if another filing may help, and to get ideas about how to proceed or if an attempt to modify should be attempted.

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