When parents carve up, divorce, or share a child together merely are not in a human relationship, they oftentimes have a child custody or child visitation order put in place. A court will review the case and decide what is in the best involvement of the kid. If the parents agree, then they may too exist able to resolve a custody or visitation gild in mediation.

Sometimes, one parent may wish to change an existing child custody or visitation guild. Some reasons you may desire to modify a child custody or visitation club include, but are not limited to:

  • 1 parent moving out of state;
  • You think your kid is in danger;
  • Failure to follow the current court order; and
  • Death or incarceration of the custodial parent.

Essentially, child custody or visitation orders tin be modified if the previous lodge no longer works and cannot exist carried out past the parties involved. Courts will allow modification of a kid custody or visitation lodge in certain situations. For example, you cannot change your child visitation order because your current partner wants you to spend fourth dimension with them instead.

Once you take a valid reason, and so you volition need to file a petition and follow all of the requirements imposed past your jurisdiction.

When Can You Modify a Child Custody or Visitation Social club?

When information technology comes to custody issues, the best interests of the child volition e'er be first and foremost. If an arrangement has been working and the child is doing well, and so the courtroom volition be hesitant to modify the club. As such, you volition need proper grounds to change an existing child custody or visitation order.

Proper grounds for modification more often than not include only cause or a change in circumstances. For instance, a judge may concur to modify an gild if the parent who has visitation skipped out on most of the scheduled visits with their child. This could point that information technology is not in the best interest of the kid to keep giving an absent parent visitation rights. Equally such, the judge may decide to put the parent on a trial menstruum or take the visits away completely.

Another reason that would make a guess alter an club would be an example of child abuse. This is extremely serious and will be considered an immediate danger to the child's well-being.

An additional example could be the desire of a parent to exist more than involved in the child'due south life, however, this may exist harder if the current arrangement was working well and providing the child with a positive environment.

Say a parent but had visitation or custody i time a week because they had a substance corruption problem. If they went to rehab and turned their life around, so a judge may deem this a changed circumstance that warrants increased custody.

I instance where a judge will not permit modification is when the child wants the order inverse. However, the court may seek the child's input during a hearing and weigh it with the other evidence to decide what is in the all-time interest of the kid. The child's historic period is also a factor as to how strongly the courtroom volition consider their wishes.

How Do You Petition to Alter a Child Custody or Visitation Order?

In order to modify a child custody or visitation order, you will need to file a petition with the appropriate court. Go on in mind that some courts refer to this equally a move instead of a petition. The petition volition generally demand to include the following data:

  • Both parents' names and addresses;
  • A copy of the existing custody or visitation lodge;
  • The reason you are seeking modification; and
  • Proposed modification terms.

The petition volition demand to be signed past you and filed with the clerk of the court where your instance is pending. At that place may exist a fee associated with the filing, the amount of which will vary. Some courts also take course petitions or may require sure forms to be attached to the petition, and then yous need to become aware of these requirements.

A copy of the petition will demand to be served upon the other parent or sent to their lawyer, if they have 1. If you take a lawyer, so they can prepare the petition and file it for yous to ensure it is done correctly and that all required documents are included with the petition.

The court volition and so result a hearing date on the petition in virtually cases prior to reaching their decision. You lot will be able to present evidence and fence your side. The other parent volition likewise get a take chances to respond in writing and present their arguments at the hearing.

Later on this, the approximate will weigh the prove to determine if the modification is in the all-time interests of your child. If there is an allegation of child corruption, then swifter activity and temporary orders removing the child from the household may be put in place to protect the child until the petition is heard and resolved.

Practise I Need a Lawyer to Change a Child Custody or Visitation Order?

While you can correspond yourself in family court proceedings, including modification of a child custody or visitation order, hiring a local child custody lawyer is very beneficial.

A lawyer can guide you through the process and make certain yous prepare the petition co-ordinate to your jurisdiction's rules. A lawyer can too help contend your position at any hearings.