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I am the non-custodial parent, child custody having been granted to my ex-spouse during the divorce. How can I go about changing that arrangement so that our kids are with me?

You should first consider the reasons behind which you desire a change in child custody. * Are there circumstances that have changed such that make it harmful for your children to stay with your ex-spouse? * Has there been what is termed a “material change of circumstances” that would warrant a re-examination of the facts of the case? * Or are you simply desirous of more time with your children? There are many factors that a court can consider in determining a change of child custody within the custody laws of your state. However, the overall presiding factor that any court will look at is the best interest of the children. If you feel that circumstances warrant a change of custody because of a potentially harmful situation to your children, you will be well-ahead to consult a reputable child custody attorney familiar with the child custody laws of your state. You may be asked to provide psychological evaluations regarding the competency of each parent as well as a home study to determine fitness. The just may even decide to interview the children, depending upon their age. Most judges will do so in a very non-threatening way to make the child comfortable, but all of these things should be considered before filing any motion to change custody.

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