Q: I have not served the petitioner. but would like to change physical custody to joint custody? how can i do that?
I filed for sole physical,and legal custody of both my children. I have not served there father, who is incarserated. I have been reading that it is almost impossible to get both. So i would like to change the sole physical to joint physical. Is it to late? He has not gotten the papers, nor knows nothing about them??
A:
Legal custody means the right to make decisions for your children that affect their health, safety and welfare. Physical custody means who the child lives with. By definition, an incarcerated person cannot share physical custody, as the child cannot live with an incarcerated person.
You can always change the custody arrangement by agreement (stipulation) unless the custody arrangement you seek is not in the child's best interests (eg because of domestic violence or habitual substance abuse). I'm not sure I understand what you mean when you say that you "filed for sole physical custody." If you have an existing dissolution of marriage or a paternity judgment, and you filed a motion or order to show cause hearing requesting a change of the custody order, you can file a written request to withdraw the motion or to vacate the OSC.
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A:
If you filed a Petition for Dissolution (Divorce) or a Petition to Determine Paternty, you can amend those and serve them on him.
If you filed for an Order To Show Cause, you can either amend or withdraw it, as it has not been served on him yet.
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