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DIRECTIONS FOR MODIFICATION OF CUSTODY/VISITATION:
BALTIMORE CITY
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
File at the Clerk's Office (Room 462) along with your Petition
2. COPIES: Make 2 copies of DCI Report, Petition,
Financial Statement (Motion for Waiver).
3. FILE the original of the above forms in the Clerk's
Office (Room 462).
(DCI Report, Petition, Financial Statement, Motion for Waiver)
A FILING FEE IS REQUIRED AT THIS TIME, or
If you are filing a Motion for Waiver of Prepayment of Fees, you must
file that Motion along with these papers in order to avoid paying
the fees. Call back in 5 days to see if you motion has been
granted. If not, you must pay the filing fee.
If you plan to serve the other party in another state, ask
the clerk for a 60 day Writ of Summons. If you plan to serve
the other party in another country, ask the clerk for a 90 day
Writ of Summons.
4. WRIT OF SUMMONS: The Writ of Summons tells
the other party that they have time to answer your petition.
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 after 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.
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: Inform the Clerk's
Office before you attempt service.
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 Civil
Desk. If the signature is not correct, service is not correct.
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 Civil Desk.
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
Civil Desk.
6. Attach Request For Master's Hearing
You must make 2 copies of this form.
Mail one copy to the other party the same day you file this form.
Keep one copy for your records. FILE the original form at this
time if you have temporary issues the court should decide before
your hearing. OTHERWISE, FILE the original form after the answer
or along with your Request for Order of Default.
7. 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. Generally, courts do not like to decide
custody/visitation matters without both parents present; so, you
may only get a temporary order based on a Default if any at all.
8. 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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