Child custody agreements are not set in stone. Sometimes life happens, and child custody agreements need to be modified. There is typically a two-fold test that must be met for the court to consider making modifications to an existing custody arrangement. The judge must determine that there has been a substantial change in circumstances affecting the welfare of the child. The parent who is requesting the modification is responsible for showing that there has been a substantial change in circumstances and that the modification is in the best interest of the child(ren).
For the court to consider making modifications to an existing custody arrangement there must be a substantial change in circumstances from when the original order was filed. Below is a list of potential circumstances that may be considered when determining if a substantial change has occurred:
- The child’s needs have changed.
- For example, the child has gotten older.
- The circumstances of one parent have changed.
- Further examples:
- One parent has lost their job.
- One parent has relocated.
- One parent has seen drastic improvements in their life or pattern of conduct.
- Further examples:
- One parent has failed to follow the existing child custody agreement.
- One parent has been found guilty of domestic violence or another crime or has gone to jail or prison.
Once the court determines that there has been a substantial change in circumstances, the court will then determine whether the modification of the custody agreement would be in the best interest of the child(ren) involved. Below is a list of potential factors that the court will consider when rendering a decision:
- The overall safety of the child.
- The wishes of the child.
- The child’s present and future well-being.
- Whether the parent(s) receiving custody will be able to properly care for the needs of the child.
King Law Offices has over 20 years of custody experience. We want to ensure that your parental rights are not violated. We understand how terrifying it must be to potentially lose the custody of your children. The attorneys at King Law Offices have worked on hundreds of custody cases, fighting for parents to keep the custody of their children as opposed to their grandparents or an alcoholic or abusive parent. The attorneys here understand the law and how to prove that custody being with you is in the best interest of the child. Call King Law Offices at 888-748-KING (5464) to schedule a consultation with an attorney today. Protect your parental rights and your child’s rights.