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Reasons a Judge Will Change Child Custody

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Altering a child custody order needs a petition filed by the parent and detailed proof for the reason to alter the original order like a parent going back to work, an addict in rehab and a change in financial circumstances. The proof is required for the judge to rethink the present child custody arrangements among parents.

Parents that Move

A reason to petition the courts for an altered child custody agreement is when one or each of the parents move. Under these circumstances, one of the parents might want to pursue primary or sole custody and only offer visitation to the other parent. Whereas the reasoning for this may appear unfair, they are usually motivated by job and/or career change. In addition, the custody change is required to provide an enduring and caring environment in the new city, state or even country. The move is usually required and taking the child with the custodial parent or modifying it so they are the custodial parent might give the family a better chance.

Domestic Violence

Many parents can petition the court for an alteration in custody when a parent finds out that the other is committing domestic violence either with an amorous partner or the child during custody arrangements and/or visitation. Following that, the custodial parent or joint-custody parent might be required to change the agreement to decrease or terminate visitation time with the abuser. Subject to the circumstance, the other parent can also initiate criminal charges when the mother or father hurt the child within their visiting time. Utilizing an attorney to help submit your case and provide evidence, then possibly notify your judge of those particular factors.

Proof of the Reason

For an alteration to happen, the reason needs to explain a significant change in the initial circumstances. The judge is going to consider the best interests of the child in these issues over the changes. Therefore, when the parent needs to move and is required to change from joint-custody to sole custody, the courts might deny the revising order when they think the child is going to be affected without the impact and visits from their other parent. This is vital when the non-custodial parent is the father, and the minor requires assistance or support from them even when he can’t keep his child at his home.

Agreement of Parents

Considering the child’s best interests, the judge may deny a custody order change if the parents disagree. Agreement is crucial as the order grants joint custody or extended visitation for one. Custodial parents may need to modify this order due to major life decisions or brief overseas stays. Financial changes also prompt child custody order modifications.

The Proof with the Present Change

Many parents can demonstrate the necessary modification by changing households. If a parent needs to move the child into the other parent’s house, this can occur without court intervention until the child custody order needs changing. Thus, the individual will send the child to one parent for primary residence, either stepping back or only requesting visitation. Such situations often arise due to changes in individuals’ lives, such as career shifts, relocations, or entering into new relationships.

The Potential Harm

Parents can show the needed modification by changing households. If a parent moves the child to the other’s house, courts step in only when custody orders change. The individual sends the child to one parent for primary residence, stepping back or requesting visitation. These situations often stem from life changes like career shifts or relocations.

Legal Aid in Providing Required Changes to Child Support Orders

Engaging an attorney is often essential for family court matters. The attorney may assist in gathering supporting evidence or clarifying specific issues in the home environment. Other documentation may also require legal attention to ensure the validity of every process when pursuing modifications through a judge.

Source:

  1. Modify a Child Custody Order – What Do I Have to Prove? hg.org. (n.d.). https://www.hg.org/legal-articles/alter-a-child-custody-order-what-do-i-have-to-prove-49152.

 

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