September 22, 2023

Epic Law

The Law Folks

Child Custody Issues For a Custody Modification

What are the custody issues for a parent to work through to get a child custody modification? Every state has different laws governing child custody and the process to get a custody order changed. However, there are some basic principles that a parent can follow to prepare for the issues involved with modification.

The first issue is to define and decide how the custody arrangement needs to change. There are a lot of reasons why a parent would want to change the custody order. The court considers some reasons more valid than others for disrupting the life of the child. For example, a parent may be angry at the other parent and want to take away some of their visitation time. This is not a reason to try and get a custody modification. But maybe the parent has relocated or gotten a new job with a different schedule. This is a better reason why the parents should change the existing agreement.

Now, a lot of the issues concerning modification are easily resolved if the parents can communicate and are able to work together on the agreement. If this is the case, the parent who wants a modification can simply sit down and talk with the other parent. They can explain why they need a change and how it would help the children. If you are taking this approach, you need to be prepared for this meeting. Be specific about the changes you want in the custody and visitation schedule. Bring a printed out calendar that shows the other parent how the changes look. Explain how everyone will benefit from the change.

You can see that if you are trying to be vindictive, the above approach won’t work. If you are upset about custody issues that have arisen in your custody agreement, you should calmly and rationally talk to the other parent about your complaints. Before you discuss the issues with them, think about some solutions that could work for you. For example, if the other parent is constantly late dropping the children off for visitation, offer to pick the children up for the visits.

It’s better to try and solve any modification issues between the parents. Parents can even agree to big custody changes and the courts will just accept them. If the parents want the change noted in the custody order, they merely file and sign some papers and the court accepts the new agreement. However, if the parents are not able to agree on the modifications, a parent can file for a change and a court date will be set.

The parent who is seeking a change in the arrangements should be prepared to show the court why the change is necessary, how it impacts and benefits the children, and to explain the exact modification they want. It is helpful to bring documents, like a calendar, so the judge can see the proposed changes.

These are some of the standard custody issues to work through to get a modification to your custody order. Hopefully you can get things settled so that your child has the best possible custody agreement.