When co-parenting, the most important thing is to have a setup that works for both of you. However, in some instances, you might need to change your child custody agreement. The modification can be initiated by you or the other parent.
Modifying a child custody arrangement involves a lot of challenges. You will need the assistance of someone with legal expertise to deal with them and make sure the process goes smoothly.
Why You Might Want to Modify Your Child Custody Arrangement
There are various reasons as to why you might want to change your current child custody agreement. The reasons are listed below.
- Child’s Needs: While a certain child custody agreement may work at the beginning, you might want to change it a few years down the line. The change can be initiated to meet the child’s educational, medical, and social needs.
- Relocation: If one parent wants to relocate, you might need to change the child agreement plan. For instance, if one parent wants to move to a different continent and you have split custody where each parent gets custody for half a week, then the child custody arrangement will have to be modified.
- Lifestyle Change by the Other Parent: If a parent’s lifestyle changes have a negative influence on the kid, for example, when they start doing drugs or become violent, the other parent can request a modification of the child custody arrangement.
Step-by-Step Guide to Modify Child Custody Agreement
A child’s custody can be modified on two accounts: either both parents have agreed to modify the custody agreement or one of the parents wants the custody modified.
Steps to Modify Child Custody When Both Parents Are in Agreem
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In a scenario where both parents are in agreement, the following steps will be considered.
- Fill Out the Relevant Forms: Both parents will be required to get a child custody modification agreement from your local family court and fill it out. You can also access the document on the court’s website.
- File the Request with the Court: Once you’re done filling out the child custody modification agreement, you are required to file it at your local family court. Note that you will be required to pay a filing fee to the court.
- Standing Order: If the agreement is approved by the court, it becomes a standing order to both parties.
Steps to Modify Child Custody When One of the Parents Wants Custody
When you want to modify your child’s custody agreement but the other parent is against it, you need to follow the following steps.
- Fill Out the Relevant Forms: You will be required to obtain and fill out the child custody agreement form, which can be accessed as mentioned above.
- Filing the Request with the Court: After filing the custody modification document, you will be required to file it with a local family court.
- The Court Appoints an Attorney: The court will assign a lawyer for the child. This lawyer will represent the child and fight for their best interests.
- The Disagreeing Parent is Served a Petition: The court serves a petition to the disagreeing parent. A discovery process follows.
- Court Hearing: The court will then set a date on which the case will be heard. After careful consideration, the court will approve the new child custody agreement, which will be enforced until a future modification is requested.
Seek Legal Representation for Your Child Custody Modification
Despite being in agreement with the child custody modification with the other parent, you might need to hire an attorney to help you with the issue. An experienced attorney will make sure that the process is done smoothly by addressing any loopholes that you might encounter during the process.