If you are involved in a custody agreement, you probably already understand that this agreement is legally binding and both parents must share the child according to what is written on the agreement. If you want to change anything that appears on the order, you and your ex-spouse or partner have the freedom to do so. However, if one parent does not agree to new changes, you may be left without options. Because of this, you will have to go to court to get the custody changes you want. There are many factors that the court will use to be the judge of your case and, if they do not want to agree to it, they do not have to. This is what makes these cases particularly difficult.
Length of Time and Reasons for the Change
Has a certain amount of time passed since the original custody agreement? The court believes in consistency for the child and will usually not make a change within a set time frame because of this. Usually between one and two years is most commonly seen, unless there is an imminent danger that could affect the child.
The reason why you want to change the order is vastly important as well. The courts must see a compelling reason in the change of circumstances of the case. Many courts will look at the evidence to find out why the parent is asking for the change, citing reasons like a long-distance move, a change in living conditions, a change in environment, or a change in the ability of the parent to provide a home or care for the children. The court will also consider the best interests of the child, which falls on their desire to do what is best for the children.
No matter what decision you make considering your child’s interests, you will need an experienced attorney on your side through the process. If you believe that you have the grounds to file for a change, speak to us today. We will help you navigate through the many issues involving custody litigation and help you get the results your family deserves.
