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DIRECTIONS FOR MODIFICATION OF
CUSTODY/VISITATION: ANNE
ARUNDEL COUNTY
1. Complete the following forms:
Civil - Domestic Case Information (DCI) Report
Petition for Modification of Custody/Visitation
Financial Statement
***If you are requesting a waiver of prepayment of fees:
Complete: Motion for Waiver of Prepayment of Fees
Financial Statement
File at the Clerk's Office (Room 105) along with your other
forms. In five days you can call the clerk to see if your motion
has been granted. If not, you must come in and pay the filing fee
before your case will go anywhere.
2. Make 2 copies of DCI Report, Petition, Financial
Statement (Motion for Waiver).
3. FILE the original of the above forms at the Clerk's
office (Room 105)on the first floor.
(DCI Report, Petition, Financial Statement, Motion for Waiver)
A FILING FEE IS REQUIRED AT THIS TIME, unless
you are filing a Motion for Waiver of Prepayment of Fees (call
back in 5 days to be sure it was granted).
*** If you plan to serve the other party out of state, ask the
clerk for a summons for 60 days. If you plan to serve the
other party out of the country, ask the clerk for a 90 day
summons.
4. The court will issue a Writ of Summons which will
be sent to your home in 5 - 10 days. You should receive
3 copies of this form; if you do not, then make 3 copies. [One
copy is for your records; one copy must be returned to the court
with the Affidavit of Service (below); and the original
copy must be served on the other party (below).]
5. SERVICE: It is very important that you do service
correctly. If you do not, then the court may dismiss your case.
**** IF YOU HAVE AN UNCONTESTED CASE, THE OTHER PARENT MAY
GIVE YOU A NOTARIZED ANSWER TO FILE AT THE SAME TIME THAT YOU
FILE THIS PETITION AND YOU WILL NOT HAVE TO DO SERVICE.****
PUT TOGETHER YOUR SERVICE PACKAGE.
Attach the original copy of the summons to one copy of all
of the forms that you filed with the court. (Summons, DCI Report,
Petition, Financial Statement)
CHOOSE ONE OF THE FOLLOWING METHODS
Certified Mail, Restricted Delivery, Return Receipt Requested.
Any adult over the age of 18, NOT YOU, may take the service
package to the post office to mail it as above. Then that person
must fill out an Affidavit of Service (Certified Mail). Once the
post office has returned the green card, check the signature. If
the signature is correct, attach the green card and a copy of the
summons to the Affidavit of Service and FILE it at the Clerk's
office. If the signature is not correct, service has not been
completed.
Sheriff. The Sheriff's office will deliver the service
package and complete the Affidavit for a fee somewhere around $30
or $40.
Private Process by a Process Server. You can check in your
phone book or with any local attorney to find a process server.
For a fee this person will deliver the service package for you.
You must get them to complete an Affidavit of Service (Private
Process). Then, FILE the Affidavit with a copy of the summons
attached at the Clerk's office.
Private Process by a Friend. Any adult over the age of 18,
NOT YOU, may hand deliver the service package to the opposing
party. They may not leave the package on their
doorstep, with a roommate or with a relative. The service
package must be put in their hand. Then that person will
complete an Affidavit of Service (Private Process). You must FILE
the Affidavit of Service along with a copy of the summons at the
Clerk's office.
6. ANSWERING: The other party has time to
answer. If they do not answer in the correct amount of time, you
may come back to ask for the Request for Order of Default form. You
must have done service correctly before this Order will be
granted.
7. REMEMBER:
When you come to court you should have:
Completed Child Support Guidelines Worksheet
A copy of any previous child support order
Your last 3 pay stubs
Your last 2 tax returns
Any witnesses that you think may help the court to see why this
change is best for your child(ren).
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