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
With the child’s best interests in mind, the judge might not grant a change to the custody order if the parents don’t agree. The agreement to these changes is usually necessary since the order offers both with a joint-custody or a broader amount of visitation time for one individual. The custodial parent might be required to change this order since they have significant life-changing decisions to make or is going abroad for a short time. Others have considerable changes to financial circumstances that require the modification of the child custody order.
The Proof with the Present Change
Many parents can provide the proof of the required modification through a change in house-holds. If one of the parents is required to move their child into the other parent’s house, this can happen devoid of the courts’ stepping in until the child custody order needs to be altered. Therefore, this individual is going send the minor to one of the parents for a primary residence and either back off or only require visitation. Some of these circumstances arise through developments in the life of the individuals like careers, moves or newer relationships.
The Potential Harm
When the parent is wary that a specific situation might lead to potential harm to the child, they may offer evidence to the courts for a change in their custody arrangement. There is potential in these issues if the individual moves in with unruly parties, moves into a not so friendly neighborhood or needs to become part of some uncertain event like a police investigation. Therefore, the person might require the courts to award the custody order modifications until the circumstance is resolved or as a permanent modification of prior arrangements.
Legal Aid in Providing Required Changes to Child Support Orders
Hiring an attorney is typically necessary for family court issues. The Attorney may need to help in collecting supporting evidence or making clear specific issues that could exist in the home life. Other documentation might also require the attention of a legal professional to guarantee every process is valid when pursuing the modification through a judge.
Source:
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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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