How to Modify Child Custody Agreements
Going through a divorce is never easy, especially when children are involved. Child custody agreements are put in place to ensure that the best interests of the child are being met, but what happens when circumstances change? Life is unpredictable and sometimes child custody agreements need to be modified to better serve the needs of the child involved. In this article, we will discuss how to modify child custody agreements and what steps to take to ensure a successful outcome.
Understanding Child Custody Agreements
Before we dive deeper into how to modify child custody agreements, it is important to understand the different types of custody agreements. There are two main types of custody: physical custody and legal custody.
Physical custody refers to where the child lives and spends the majority of their time. Legal custody refers to the ability to make important decisions for the child, such as healthcare, education, and religious upbringing. These two types of custody can be awarded jointly or solely to one parent. Joint custody means that both parents share the responsibility and decision-making power, while sole custody means that only one parent has the responsibility and decision-making power.
It is important to note that custody agreements can be modified at any time if both parties agree to the changes. However, if one party does not agree to the changes, then a court hearing is necessary to modify the agreement.
Reasons to Modify Child Custody Agreements
There are several reasons why a child custody agreement may need to be modified. Some common reasons include:
1. Relocation - One parent may need to relocate for work or personal reasons, which may require a modification to the custody agreement.
2. Change in Schedule - The schedule of one or both parents may change, which may require a modification to the custody agreement.
3. Change in Lifestyle - If one parent starts living a lifestyle that is not in the best interests of the child, such as drug or alcohol abuse, then the custody agreement may need to be modified.
4. Child's Wishes - As the child gets older, their wishes may change regarding which parent they want to live with, which may require a modification to the custody agreement.
Steps to Modify Child Custody Agreements
If both parties agree to modify the child custody agreement, then the following steps should be taken:
Step 1: Draft a modification agreement - Both parties need to come to an agreement on the changes that need to be made to the custody agreement. Once an agreement has been reached, a modification agreement needs to be drafted and signed by both parties.
Step 2: File the Modification Agreement - Once the modification agreement has been signed by both parties, it needs to be filed with the court. This can be done by either party or with the assistance of an attorney.
Step 3: Attend a Court Hearing - If there is a disagreement between the parties regarding the modification agreement, a court hearing will be necessary. Both parties will need to present their case to a judge who will make a decision regarding the changes to the custody agreement.
If one party does not agree to the changes that need to be made to the custody agreement, then a court hearing is necessary to modify the agreement. In this situation, it is important to seek the guidance of an experienced family law attorney who can help navigate the legal process.
Conclusion
Child custody agreements are put in place to ensure that the best interests of the child are being met. However, life is unpredictable and sometimes modifications to the custody agreement are necessary. If both parties agree to the changes, then a modification agreement can be drafted and filed with the court. If there is a disagreement, then a court hearing is necessary to modify the agreement. It is important to seek the guidance of an experienced family law attorney to ensure the best outcome for you and your child.