When the circumstances surrounding a child custody arrangement have changed, it may be necessary to request the court revisit the case and modify the custody order. But when is a custody modification necessary? A child custody modification may be necessary if a parent moves or changes jobs or if the child(ren)’s well-being is otherwise being affected, as in the case of domestic abuse.
To request a modification to a child custody order, the party requesting the change must file a request or petition with the court. A simple modification may not require an attorney, such as an address change or when both parties jointly agree to the changes. However, when the modification is more complex, consulting with an attorney is probably in your best interest, as well as your child’s. You and your attorney will need to gather evidence to support your request for modification. The court may set a hearing to hear both parties’ arguments as to why the modification to the order is necessary or is being opposed. The court will then consider all of the evidence presented and decide to modify the custody order or deny any modifications.
Child custody issues are often centered around separation or divorce of parents, and children are often placed at the center of the battleground. If two parents can work together amicably to resolve their issues, especially those involving their children, the outcome is generally much more favorable for both parties. Custody battles and any subsequent modifications can result in lengthy and drawn-out court proceedings that can last for years and be quite costly.
Due to the sensitive nature and complexities involved in custody proceedings, it is advisable to consult a child custody attorney in any case. The input provided by an objective and experienced attorney will help ensure the best outcome for the child.
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