When a court issues a child custody order—either during a divorce case or as part of a different proceeding—it is considered “final.” That does not mean the order cannot be changed in the future, only that it will remain in place until the court makes further changes. A compassionate child custody attorney could assist with this process.
A parent may seek to alter a child custody order for many reasons. To change the scope of the current arrangement, a parent would have to petition the court with the help of a Simi Valley child custody modification lawyer.
There are different options when it comes to modifying a custody order. The easiest way to modify an order is when both sides agree to the change. Of course, this approach is not always an option. An experienced attorney could assist with child custody modification, regardless of whether the other parent agrees with the change.
Modifying a child custody order voluntarily is easy. If both parents are open to the change, they can do so by drafting an agreement. This does not require contested court hearings. When the parents do not agree, the party seeking the modification must file a petition with the court.
To succeed, the parent seeking the modification must show that there has been a change in circumstances. This could involve anything from a promotion at work to a criminal arrest or conviction.
The reasons a parent might seek a change to the child custody agreement can vary. Either parent has the right to request a change. That means the parent with primary custody could seek to reduce the other parent’s access further. Alternatively, a parent without any custody rights could seek joint custody based on changing factors in their life. A dedicated attorney in Simi Valley could be helpful in the following situations where one parent is seeking to change the child custody arrangement.
One of the most common reasons to seek a modification of a custody order is when one parent does not live up to the agreement. This could involve a parent that fails to hand over the children according to the custody schedule.
The prevailing rule when it comes to custody issues is that the court must operate in the best interest of the minor. If the court determines that a child is in danger, it has the power to alter a custody order. This could occur when a parent is abusive or has substance issues.
If a parent has a material change in their life, they could petition the court for a change in custody. This is common after a parent obtains adequate lodging or a full-time income.
If you believe the circumstances of your life have changed, it could serve as the basis for altering the terms of your custody agreement.
Pursuing custody modifications on your own can be difficult. Let a Simi Valley child custody modification lawyer guide you every step of the way. Get in touch today.
Hoffer Family Law Firm