Custody Order Modification Guide

Summary

To modify a custody order in North Dakota, file a motion to modify custody, provide evidence of significant changes, and show its in the childs best interest. Templates are available on the North Dakota Supreme Courts website. If improperly served, file a motion to set aside the judgment. Act promptly, as courts expect timely filings. Contact Burleigh County Courthouse for assistance.

Full Conversation

I need to draw a papers to amend a amended custody order due to the fact the child is now in my care and has been for some time a year
Hi ****,
In order to provide the best guidance, could you please tell me which state you are located in? This will help me determine the specific legal requirements for amending a custody order in your area.
ND
Hi ****,
In North Dakota, to amend a custody order, you generally need to:
- File a motion to modify custody with the court that issued the original order.
- Provide evidence showing a significant change in circumstances.
- Show that the modification is in the child's best interest.
Would you like information on the nearest court to file your motion?
I need help to draw up the complete papers to modify an amended amendment.
Hi ****,
To help you draw up the papers to modify an amended custody order in North Dakota, you will need:
*. **Motion to Modify Custody**: Outline your request for modification.
*. **Affidavit**: Detail the significant change in circumstances and why the modification is in the child's best interest.
*. **Proposed Order**: What you believe the new custody arrangement should be.
Would you like contact details for the nearest court to file your motion?
Are there any templates I can use
Hi ****,
In North Dakota, you can find templates for modifying custody orders on the North Dakota Supreme Court's website. They provide forms and instructions for various family law matters. Here are some relevant links:
- **Motion to Modify Custody**: [North Dakota Courts Forms](https://www.ndcourts.gov/legal-self-help/family/custody)
- **Affidavit and Proposed Order**: Usually provided within the same resource page.
Would you like contact details for the nearest court to file your motion?
I wonder if since I was not served the papers properly to amend the original judgment is there a way I can notice to the courts and possibly get the amended judgment on amended
Hi ****,
If you were not properly served with the papers to amend the original judgment, you can file a motion to the court to set aside or vacate the amended judgment due to improper service. You will need to:
*. File a **Motion to Set Aside Judgment**.
*. Provide evidence of improper service.
*. Request the court to vacate the amended judgment and possibly schedule a new hearing.
Would you like contact details for the nearest court to file your motion?
Yes I was not properly served the papers I got the first papers for the to modify but I never was served a court date and so that I didn't go to court it has been over a year is it still able to do this
Hi ****,
In North Dakota, if you were not properly served and missed the court date, you can still file a **Motion to Set Aside Judgment** based on improper service. Include evidence of the improper service and request the court to vacate the judgment and schedule a new hearing.
Would you like contact details for the nearest court to file your motion?
Yes and what papers do I need to fil out is there a template I can use
Hi ****,
To file a **Motion to Set Aside Judgment** in North Dakota, you will need:
*. **Motion to Set Aside Judgment**: Outline your request to vacate the judgment due to improper service.
*. **Affidavit**: Provide detailed evidence of the improper service.
*. **Proposed Order**: What you believe the court should do (e.g., vacate the judgment and schedule a new hearing).
You can find templates for these documents on the North Dakota Supreme Court's website: [North Dakota Courts Forms](https://www.ndcourts.gov/legal-self-help/family).
Would you like contact details for the nearest court to file your motion?
Yes
Hi ****,

Burleigh County Courthouse


Phone: (*) *-*
Address: * E Thayer Ave, Bismarck, ND *
Website: www.ndcourts.gov

You can file your motion at this court. If you need further assistance, feel free to ask!
Is there a time frame I should have this done does it expire?
Hi ****,
In North Dakota, generally, you should act promptly to file a **Motion to Set Aside Judgment** due to improper service. The sooner you file the motion, the better. Courts typically expect such motions to be filed within a reasonable time. Consulting with an attorney can provide more specific guidance based on your situation.
Would you like more information on how to proceed?
Papers to file for an amended judgment order due to improper service of motion papers in ND cass county
To file for an amended judgment order due to improper service of motion papers in Cass County, ND, you may need to:
- File a "Motion to Amend Judgment" detailing the improper service.
- Provide an affidavit or declaration explaining the improper service.
- Submit a proposed order for the court's consideration.
Would you like more detailed information on these documents?

Cass County Courthouse


Phone: (*) *-*
Address: * 9th St S, Fargo, ND *
Website: www.casscountynd.gov
What would be considered improper service of papers
Improper service of papers typically includes:
- Serving the documents to the wrong person or address.
- Failing to serve the documents within the required timeframe.
- Not following the specific method of service required by law (e.g., personal delivery, mail).
- Serving documents without proper proof of service.
Would you like more specific information about service requirements in Cass County, ND?
Yes
In Cass County, ND, the requirements for proper service of papers generally include:
- **Correct Recipient:** Serving the documents to the correct person or address.
- **Timeliness:** Serving the documents within the required timeframe.
- **Method of Service:** Following the specific method of service required by law (e.g., personal delivery, mail).
- **Proof of Service:** Providing proper proof of service, such as a signed affidavit of service.
Would you like further details on how to rectify improper service in Cass County, ND?
Would sending to a family members home whenever I have never lived there and rarely visit it had been almost 10 years since I had visited the property. Still have not seen the papers nor anything to do with the case. No order signed by judge or anything. The family member did not want to be a part of this case. But they sent to her anyway.
It appears there may have been improper service of papers in your case. To address this, you might consider filing a "Motion to Amend Judgment" in Cass County, ND due to the improper service.
- **Improper service includes**: serving to wrong person or address, not within required timeframe, wrong method, or no proof of service.
Would you like more detailed steps on how to file this motion in Cass County, ND?
Yes please.
To file a "Motion to Amend Judgment" in Cass County, ND, due to improper service, you may need to:
- **Draft the Motion**: Explain the improper service and why it warrants an amendment.
- **Affidavit/Declaration**: Provide a sworn statement detailing the improper service.
- **Proposed Order**: Submit a draft order for the court to consider.
- **File with Court**: Submit all documents to the Cass County Court Clerk.
Would you like the contact details for Cass County Courthouse?
Are there any templates I may use
Here’s a general approach to drafting the documents you need. Please note that these are only templates and it's advisable to consult with a legal professional to ensure compliance with local rules.
Motion to Amend Judgment Template
```plaintext
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Clerk of Court's Name]
Cass County Courthouse
[Address]
[City, State, ZIP Code]
Re: Motion to Amend Judgment
Case Number: [Your Case Number]
Dear [Clerk of Court's Name],
I am writing to file a Motion to Amend Judgment in the above-referenced case due to improper service of motion papers. The details of the improper service are as follows:
- The papers were served to [Incorrect Address/Person].
- I have never lived at this address and have not visited the property in nearly 10 years.
- The family member who received the papers did not want to be part of this case.
I respectfully request that the court amend the judgment due to this improper service. Please find attached the affidavit/declaration and a proposed order for the court’s consideration.
Thank you for your attention to this matter.
Sincerely,
[Your Signature]
[Your Printed Name
Are these the correct legal papers that will be accepted by the judge and this case
To determine if your legal papers will be accepted by the judge, it's essential to ensure they comply with local court rules and requirements. Based on your location in Cass County, ND:
- **Motion to Amend Judgment**: Clearly detail the improper service.
- **Affidavit/Declaration**: Provide a sworn statement with specific details of the improper service.
- **Proposed Order**: Draft an order for the court to consider.
Would you like the contact details for Cass County Courthouse to confirm any additional requirements?
Can you give me a template for the motion to a man the judgment and also one for the proposed order. That I may submit that will be accepted
Certainly! Here are templates for a "Motion to Amend Judgment" and a "Proposed Order" that you can use to submit to the Cass County Courthouse in North Dakota. Please consult with a legal professional to ensure compliance with local rules.
Motion to Amend Judgment Template
```plaintext
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Clerk of Court's Name]
Cass County Courthouse
[Address]
[City, State, ZIP Code]
Re: Motion to Amend Judgment
Case Number: [Your Case Number]
Dear [Clerk of Court's Name],
I am writing to file a Motion to Amend Judgment in the above-referenced case due to improper service of motion papers. The details of the improper service are as follows:
- The papers were served to [Incorrect Address/Person].
- I have never lived at this address and have not visited the property in nearly 10 years.
- The family member who received the papers did not want to be part of this case.
I respectfully request that the court amend the judgment due to this improper service. Please find attached the affidavit/declaration and a proposed order for the court’s consideration.
Thank you for your attention to
I see the motion to amend the judgment can I have the proposed order
Of course! Here is a template for the proposed order:
Proposed Order Template
```plaintext
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
Cass County Courthouse
[Address]
[City, State, ZIP Code]
Re: Proposed Order to Amend Judgment
Case Number: [Your Case Number]
ORDER
Upon reviewing the Motion to Amend Judgment filed by [Your Name], and the supporting affidavit/declaration regarding improper service of motion papers, it is hereby ORDERED that:
*. The judgment entered on [Date of Original Judgment] is amended due to improper service of motion papers.
*. [Any other specific relief requested].
SO ORDERED.
Dated: [Date]
_________________________________
[Judge’s Name]
[Judge’s Title]
```
Please consult with a legal professional to ensure compliance with local rules. Would you like the contact details for Cass County Courthouse?
Do you recommend that I request another hearing or what it was about to the child custody the other parent had temporarily taking custody due to my homelessness currently presently and for the past year I have regained physical custody of the child and the other parent so it has to do with child support and child custody
To address your situation involving child custody and child support, you may want to consider requesting a new hearing to update the court on your current circumstances, especially since you have regained physical custody of your child. Here are some general steps:
- **File a Motion**: Request a new hearing to modify the custody and support orders.
- **Provide Evidence**: Include documentation showing your current stable situation and that you have physical custody of the child.
- **Consult Legal Support**: It might be beneficial to consult with a family law attorney to ensure your motion is properly filed and to represent your best interests in court.
Would you like more specific information or contact details for the Cass County Courthouse to proceed?
I was going to start with requesting a motion to amend the order due to improper service of papers. And that would hopefully put everything back in place because I had legal and physical custody of my children and the ex had visitation and I had maintained disable environment for them for their whole life. He had basically taken custody after I became homeless after losing my mother I went through a little rough patch of my life but he was always the unstable one many times on homeless and always jumping from place to place with no or very little stability. I believe he just kicked me when I was down and that is very low thing to do
It sounds like you're in a challenging situation. To start with requesting a motion to amend the order due to improper service of papers in Cass County, ND, you should:
*. **Draft the Motion**: Explain the improper service and its impact.
*. **Affidavit/Declaration**: Provide a sworn statement detailing the improper service.
*. **Proposed Order**: Submit a draft order for the court to consider.
*. **File with Court**: Submit all documents to the Cass County Court Clerk.
Would you like the contact details for Cass County Courthouse to confirm any additional requirements?
Does the Cass county courthouse have any paper or a pack of a papers to modify or proposal for a modification of amended judgment due to improper service do they have any packs papers documents
Yes, the Cass County Courthouse typically provides forms and packets for various legal filings, including motions to amend judgments. To confirm availability and obtain the necessary documents, you should contact the courthouse directly.

Cass County Courthouse


Phone: (*) *-*
Address: * 9th St S, Fargo, ND *
Website: www.casscountynd.gov

Would you like more specific information or guidance on the process?
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