Life constantly changes and the child custody arrangement that used to work for your circumstances may not always be appropriate or serve the best interests of your children. Thankfully, your child custody order is most likely not set in stone. (Check to see if you have a Montenegro order, if so, not as changeable.)
Keep in mind that family courts favor stability and consistency in the life of a child. Therefore, if you wish to be successful in your attempt to modify child custody, you may have to prove that the changes would be best for your child’s wellbeing and happiness.
Do you want to make decisions for your family or have the Judge make them for you?
Before you go to court, you should first discuss the matter with your former spouse/other parent. If you and your ex can achieve an agreement, the process can move along faster. That said, you will still need the approval of the court.
Modifying Your Child Custody Order
If you cannot successfully achieve an agreement with your former spouse, you may petition the court for a modification. The court will not grant these changes if your reasons for requesting the modification are frivolous.
Here are some of the circumstances in which a judge may grant a modification of your child custody order:
- You believe your child is in danger or domestic violence is present in your co-parent’s home.
- It is in your child’s best interest to make some changes to the current agreement.
- You or the other parent are relocating to a new location, which would make the current agreement impossible to comply with.
- The other parent is deliberately trying to prevent you from spending time with the child.
- The other parent’s physical or mental health has changed substantially.
- The other parent repeatedly refuses to comply with the current parenting plan.
- Your child’s needs changed and you are better equipped to care for them.
- By agreement, you just aren’t following the current order.
Moreover, you must prove that there was a significant change in circumstances and that it would be in the best interests of your children to grant the modification.
Discuss the Details of Your Child Custody Modification Case with a Skilled Legal Advocate Today!
If your child custody order is no longer suitable for your circumstances and does not support your child’s best interests, you may petition the court to have it modified. At The Law Offices of Andrea Schneider, our family law attorney has more than two decades of legal experience and a history of successful results. Our attorney has the compassion and knowledge necessary to help you navigate the process and overcome the obstacles you may face, so you can secure the best possible results. You do not have to go through this on your own.
Reach out to our law office today at (619) 304-8499 to request an initial consultation with our family law attorney.