Changing A Custody Agreement

A custody agreement is a legally binding agreement determining who can take care and control of the child or children of a divorced couple. It’s labeled an agreement because in the best case scenario, both parents will fully agree to the terms and make them work. But it often happens where terms are forced on one parent who has to make do until they can get their family attorney to change the custody agreement.

Besides dissatisfaction with a custody agreement, there are other reasons why one or the other parent wants to change the agreement. Most of the reasons for this is because lives change after a divorce making an existing custody order no longer a viable option for the divorced parents. The process of changing a custody agreement can be straightforward if all parties agree. When there is no agreement, the whole process becomes more challenging and requires convincing a judge to make the desired change.

In the event that both parents agree to the change, the process to make that change legal is very simple. It’s a matter of letting the courts know through a new order that’s drafted by a family attorney and filed. Both parents must sign the new order to give their consent. And since both parents are in agreement, the judge will usually approve the custody agreement change. The judge may not approve the change if the child is old enough and objects to the change. For example, when children get older, many don’t want to change residences. A judge will usually not force the child to do this.

The process of changing a custody agreement gets much more complicated if both parents don’t agree. It’s not impossible to do, but it will require going back to the court to start a new legal action. It can be an expensive, time consuming and stressful process that generally involves filing a new petition with the court. Changing custody is a serious matter so evidence needs to be presented and a trial is generally scheduled.

If you’re the parent who disagrees with the custody order, it will be difficult to get the courts to change the original one. They tend to revert back to the wording of the original, so it’s important to make sure the original order is what you would like. Generally, only a major change in circumstance will sway a judge to modify a custody agreement. An example of this would be that the current custodial home is no longer physically or emotionally safe for the child. Sometimes a custody modification can be made if your child wants to move in with a different parent. If the child is old enough, the judge will take this into consideration. Sometimes this is enough to get a judge to change the custody order and doesn’t require an extensive trial with debating family attorneys and mounds of proof and evidence.

If you are based in Phoenix, you may visit the following website:Phoenix Family Attorney

Child custody laws are complicated. To make sure you’re getting the best representation possible, make sure you hire a family attorney specializing in child custody orders.

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