Divorce And Family Law Attorney

It may be time to revise your child custody agreement

When the court grants custody orders, it usually factors the children’s best interest. But what if circumstances have changed and your children’s welfare is at risk? As a parent, you are obviously concerned yet bound by the court orders. Here is what you need to know.

Court-issued custody orders are not permanent, and you may request a modification if you think the children are not safe. Several scenarios can inform such a decision, as outlined below.

Grounds for custody modification

Generally, anything that affects the children negatively can form the basis of a modification. For instance, if your co-parent gets incarcerated or passes on, they may no longer be in a position to look after the children. Equally, if they start abusing drugs or being violent towards the children, you may request the court to issue new custody orders to help protect the children.

Should your co-parent prevent you from seeing the children or is constantly violating existing custody orders, you should bring that to the court’s attention for reprieve. The judge may change the custody orders to ensure that both parents are involved in the children’s lives.

You need to prove your claims

The judge will not modify a custody order simply because you disagree with your parent’s way of doing things. Children need stability, so the courts do not change custody orders on a whim or based on flimsy grounds. In most instances, you need to provide proof of your claims. This can be in the form of communication records or even witness testimony that shows the children’s welfare is currently at stake. 

Therefore, it is advisable to be well prepared before taking any action towards modifying custody orders. You need to know what to expect and how to deal with counterclaims your co-parent is likely to make.