Parents who have received a child custody agreement as a part of their final divorce decree may encounter the need to file for a modification of the original custody agreement. In an ideal situation, both parents would agree to the terms of a child custody modification, but that isn’t always the case. If your former spouse is exhibiting certain behaviors, you may have a strong case for a modification to your court-ordered child custody agreement.
Is the child in danger?
The most important aspect of a custody agreement is the safety and well-being of the child. If you believe that your child is in danger during their time with your ex, you can petition the court for a modification in the child custody agreement. However, it is important to note that you will be responsible for providing proof of the dangerous condition that your child is exposed to by your ex. As is always the case, the burden of proof lies with the accuser, so you are responsible for proving that your ex cannot safely care for your child.
If your ex ignores the agreement
The custody agreement that the court orders in your final divorce decree is as legally binding as any other part of the final ruling. If your ex continues to defy the mandated agreement, you are within your legal rights to file for a child custody modification. Again, you will be responsible for providing proof that your ex is not abiding by the current child custody agreement, so it’s important to keep text messages and other forms of digital communication that may prove your case.
The relocation of either parent
If you or your ex decide to move, the court may need to reevaluate the current child custody agreement. The court will take a look at the motive for the parent’s relocation, how viable the current child custody arrangement will be with the relocation and the impact on the child’s day-to-day life. This can include the child’s participation in extracurricular activities, school attendance and more.
Any time you are considering filing a motion to change a previously ordered child custody agreement, you should work with an attorney. Your attorney may review your reasons for requesting a modification and the evidence that you have amassed before filing your petition with the local court.