Do you have a custody agreement with your ex-spouse for your shared child? Do you want to have the agreement changed so that you get more time with your child? Or perhaps you want to adjust it so you get primary or even full custody?
It is possible to get a custody agreement revised. The simplest approach is for you and the other parent to reach an agreement and mutually revise the arrangement. However, it's possible that the other parent may not want to make a change. If that's the case, you'll have to go to court and ask a judge to revise the agreement. Family court judges will adjust custody agreements, but there has to be a good reason to do so. Below are four reasons why a court will change a custody agreement:
The child is in danger
Perhaps the most pressing and urgent reason why a court will change a custody order is if the child is in danger in their current living situation. Maybe the other parent has become unstable and dangerous. Maybe there's another person in the home, like a friend or new spouse, who presents a danger. In either case, this is usually a good enough reason to get a quick court date and decision.
However, you must present evidence that the child is in danger. Police reports, medical records, school reports, and other documents from third parties can serve as evidence. Collect everything you can to make your case.
The other parent is moving
Many custody arrangements have geographical limitations so that the child has to live in a certain city or school district. If the other parent decides to move outside that area, you may have reason to pursue a change in custody. After all, if the other parent moves you may not be able to see your child as much as you want and it could be difficult to maintain the custody terms. You can go to court to either challenge the relocation or gain custody.
The other parent isn't following the custody terms
It's also possible that the other parent is following the terms of the current custody order. Maybe they aren't giving your child to you on your designated weekends or they don't pick the child up from school when they're supposed to. In that case, you may be able to challenge the order and have it revised so you're the primary parent.
The child's needs have changed
Maybe the original custody order was reached when the child was much younger. Now that they're older they may have different needs. It could be easier for them to get to school or sports practices if they live at your house. Or maybe the child is old enough to state his or her preference and would rather be in your home. In either case, this could be a reason to get the order changed, although it could be difficult.
A family law attorney can help you get your custody order changed. Contact a family lawyer in your area today.Share