Child Custody Modification – Parents’ Custody Rights.
James and Lisa have been divorced for several years. They have a custody order in place that has been working really well, however, James just switched jobs and needs to have the visitation schedule changed. How does he get the order modified? Does he have any custody rights about modifying the custody agreement?
Parents do have child custody rights to make modifications to their custody order. If the circumstances of the parents change, or it is in the best interest of the children to adjust the arrangements, the parents can get the court to accept a custody order modification. Before a parent begins this process, there are several things to keep in mind.
The easiest way for a mother or father to get a custody modification is to talk to the other parent and get them to agree to the changes. If both parents support the changes, they merely have to file some papers with the court and the custody order is modified. So, the first thing to do for a custody modification is to communicate with the other parents. If James talks to Lisa about his work schedule and they come up with a new custody and visitation plan together, the order is very simple to modify.
The other parent will most readily agree to a change if it is small and doesn’t really impact the overall agreement. This would include switching the visitation schedule or changing some of the holidays. If a parent wants to make a big change–like switching the custodial parent–and the other parent doesn’t agree, they will need to prepare for court.
The parent who wants the modification should be thoroughly prepared to show the court that the change suggested is in the best interest of the child. The parent should have multiple witnesses that can show if the changes don’t happen, the child will be harmed. This is especially true if the parent wants a major change to the children’s lives. The court prefers that the children have a stable environment and won’t make a large change unless there is good evidence that it has to happen.
As a parent, you have the custody right to know that your child is being raised in a safe environment. If you are seeking a custody modification because you are worried the other parent isn’t providing a safe home or there are other problems, you can file for an emergency modification. This will speed the process up and you will appear before a judge quickly to explain what is going on. The judge will most likely issue a temporary modification and then schedule a hearing later on.
Parents should always be looking out for the best interest of their children. Sometimes this means that the current custody order needs to change. Parents can exercise their right to modify the order so that their children will benefit.
Discover how Custody X Change can help you get the child custody modification you want, and find out more information about how to stand up for your child custody rights.