How to Modify Custody Agreements

What are some common issues where I would want to get a child custody attorney involved?

Custody is one of those things that can get ugly if it is not handled correctly. Nobody wants to be surprised by a child custody lawyer. It typically means that the other party is trying to increase their custody, and this typically comes as bad news.

When you are looking at using a child custody attorney you should know that there are two main times that a child custody attorney will get involved. The first time is the time that we always think about… right when the divorce is happening. There is one other time when it is very common to get a child custody lawyer involved and that is for custody modification purposes. Here are some things that you should think about when you are dealing with child custody:

  1. If your ex has hired a child custody attorney, you should do the same because this could be bad news for you if you don’t. It is common for one party to hire an attorney and for the other party to represent themselves. It is very uncommon for this to work out in the favor of the person who has not hired an attorney.
  2. Do not over react. We know that this is a frustrating and emotional decision. Find a good attorney quickly and avoid saying anything that could be used against you.
  3. Remember that your children are involved in this decision and always try to make a rational decision as to what is best for them.

When can someone file for modification of custody?

Either parent can file for a custody modification at any point. As long as the proper forms are filed, there are no limitations as to when this can happen. You and your ex can agree upon custody changes at any point, however, this is not extremely common because most people want to see their kids more than they get to. It is not only advised that you keep your kids’ best interest in mind when coming to a custody agreement, your judge will also take several factors into account to determine what they feel is best for the child. These things include:

  1. Parents’ conduct and moral standards
  2. Which parent is more likely to allow the child frequent and continuing contact with the other parent
  3. Quality of the relationship between the children and the parent
  4. Likelihood that the parent will act in the children’s best interest
  5. Whether joint custody will benefit the child physically, psychologically and emotionally
  6. Distance between the parents’ homes
  7. History or potential for abuse

While these are not all of the factors that the courts take into account, they are some of the major factors. Some of the main times that you might see one spouse of the other file for a modification in custody is when one of these factors change. If you need a good family law attorney, feel free to reach out. If we can’t help you, we will put you in contact with someone who can.Child Custody Lawyer