Custody Agreement Modifications

With a divorce that involves children, one of the big problems to solve is often the agreement on custody terms. Sometimes, even after an amicable divorce and a well-working custody arrangement, the agreement about the children comes up again. The arrangement that worked well at the outset no longer fits the living style of one or both parents, and a change is requested.

If the changes are minor and both parents agree, modifying the custody agreement may be a simple procedure. Perhaps one parent is now working through weekends, which necessitates visiting times to be shifted. If the changes are more serious or they are contested, a court hearing may be necessary.

A serious change in a custody agreement may arise if one parent, because of a new job or a promotion, is moving out of state. In such a case, the court must consider the effect that the move will have on the child. A transfer of custody is unlikely in such a case unless the court decides that the move will have a detrimental effect on the child. If a parent moves with the child even though travel restrictions are in place, that parent may be in contempt of court.

If the parents cannot come to an agreement on a custody modification, the matter is said to be contested. The parent who wants the change must present evidence to the court as to why it is necessary. Depending upon the complexities involved, this custody modification can become a legal nightmare.

Whether your request for a custody arrangement modification seems simple or complex, as long as you feel that it is necessary, contact a lawyer with experience in child custody issues. Your lawyer will accompany you to the court hearing to explain the necessary reasons for your request. The court takes seriously any matters that may affect the happiness and welfare of children, especially in a divorce situation.

Changes to a custody arrangement may be necessary at any time following a divorce as circumstances change. To make sure any such changes that involve your child will be made as amicably as possible, contact attorney Jean Wise for a consultation.