Does your child custody arrangement no longer work for you and you wonder what you can do about it? Does the other parent disagree with you on matters that seem especially important to you and you want to take the steps to change the order of arrangement? Before you become deeply involved in the court process that comes with modifying child custody, you should always know that the courts will choose the best interests of the child over everything discussed. A court will never change an order that appears to work for all parties involved. The best interests of the child are important to judges, which means that they do not want to take steps that interrupts the child’s way of life or well-being. This is why you must make a reasonable case to the judge involved in your court case before you attempt to establish changes.
Modifying Child Custody and Visitation Orders
You should know that it is not impossible to modify child custody and visitation orders. The two major types of child custody that are subject to modification are legal, which is the right to make decisions for the child, and physical, which is the right to have the child living with you. If a parent’s circumstances change significantly, this is a good reason to want to modify the orders. If the parents cannot consent to the changes amongst themselves, the court has the power to modify the custody orders at any time. Without basis for modification, the modification will never occur. The petition may be dismissed under these circumstances and you may have to pay the other parent’s lawyer’s fees, which is why you should always be certain that there are good reasons to bring it up in court.
If the court suspects that the child is not in a stable environment, they may decide to modify the order. Stability is one of the most common themes that you will see in these cases. If a judge suspects that there were changed circumstances that are not good for the child, then they may agree to hear your case in court. Some of the most common reasons for modifying a court order include the following:
- Raising a child in a traditional family environment
- Increase in the child’s age and ability to make decisions
- Dramatic changes to one parent’s income level
- One parent deciding to relocate to another state
- The risk of harm to the child on a physical or mental level
- One custodial parent refusing visitation to another
Dealing With Order Violations
If your ex-spouse has violated the court order, you may feel as if there are few options available as you await court. However, sometimes the law is working for you. You may be able to call the police to resolve the issues if the order was violated, seek legal assistance, or file a motion with the court to await drastic changes. Seeking the help and experience of an attorney is your best option when one spouse will not agree to changes. Call us today.
