When he gets the forms, and depending on where you live, there are options to help him fill them out. If you live near Lawrence, Emporia or Manhattan, you can ask the local law school if they have third-year students that help in completing the forms.
If not, legal aid http://www.kansaslegalservices.org/Home/ can also help in filling out the forms only.
The important thing in this matter is that it is filed as a joint motion since both parents agree. And the motion must be filed in Kansas since that is where jurisdiction is based.
You will also need a proof of service form and filing fees and costs of service. Kansas allows service by registered mail (check with the court clerk) so the cost for service will be minimal. HOWEVER, just because she is agreeable doesn't mean you can forego this step.
Once she signs the motion and all other forms and returns them, you can file them with the court and ask for an expedited hearing on the matter.
The child may NOT come to live with you until the judge issues the new orders.
Basically, you are starting over except instead of making a new order, the judge (court) will most likely keep the same provisions and exchange the names.
You will also be required to provide a parenting plan. This is where you negotiate the visitation, what days and hours, vacations, holidays and who is to pay for the transportation.
And one final issue. Kansas will not allow you to forego child support. So use the calculator located here: http://www.alllaw.com/calculators/Childs to determine what the amount will most likely be.
You can try to agree on a lesser amount but the final decision is up to the court.
And one final note: REMEMBER, she may change her mind and the child is too young to have a voice. So it's not guaranteed. Tell him to keep this in mind during negotiations.
FOR THOSE WHO ALREADY POSTED:
Additional facts are:
The couple was divorced in Kansas.
The mother and child live in Colorado.
The original order was issued in Kansas.
Therefore, Kansas retains home state jurisdiction over the matter.
ACUTALLY MIKE:
The advice above yours was not completely correct. It doesn't matter where the couple lived. What matters is where the original order was issued. That is were home-state jurisdiction remains unless and until a court of competent jurisdiction cedes jurisdiciton to another state or another state, by virtue of residency and no significant connection to the originating state by either parent, accepts jurisdiction.My husband wants to file a motion for change of custody how would he go about doing this ?Please remove the last part of your comment after the rating. It's really unnecessary.
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My husband wants to file a motion for change of custody how would he go about doing this ?I can see you are frustrated Melissa but the advice above is correct.My husband wants to file a motion for change of custody how would he go about doing this ?Part of this would depend on the original divorce writ as far as nullifying the original orders. To avoid going through the attorneys the former couple would have to go to family court in the state where they were living when married, but since this would cross jurisdictional boundaries it would be better to go through the attorneys because they aren't bound by jurisdiction. Usually when one parent lives in a different state than the other there are arrangements made for visitation in the state of the person who has primary custody.