Your life circumstances and those of your former spouse and/or child are not static after a parenting order is made. Change can occur whether it be due to job loss, relocation, or other extenuating circumstances. Modifying a custody order is necessary for some parties. Considering the best time and how to request changes to these orders can ensure your arrangement will continue to meet the needs of both parents and any children.
Courts will not modify a custody order without strong and valid reasons. To successfully request a change, what is key is that you must demonstrate there is a material change in circumstances since the order was made. Some material changes are:
Relocation of a Parent
If one parent moves far away from their original location, adjustments may become necessary to accommodate travel arrangements or visitation schedules.
Changes in the Child's Needs
As children grow, their needs grow with them. Educational, social, or medical needs can change, and the court may step in to revise or enforce the order.
Failure to Comply with the Current Order
If one parent simply disregards the terms of a current arrangements, the court may step in to change or enforce the order.
Safety Concerns
If a child’s safety is seriously at risk due to things like abuse, neglect, substance abuse issues or other grave matters, modifications to the order may become necessary to protect a child’s wellbeing.
If you think your order needs a change, follow these steps:
Consult a Family Lawyer
Getting legal advice is critical as legal experts will be able to help you assess whether your circumstances could meet the criteria to warrant a change in the order.
Gather Supporting Evidence
Anything that may be relevant to the change you are requesting, like documentation of communication should be compiled to bolster your request.
Attempt Negotiation or Mediation
Going to court is an expensive avenue of change. Negotiation and mediation, in some cases, can serve as a less expensive option that can successfully change the order without court intervention.
File a Motion with the Court
If the parties cannot reach an agreement to change the order, or mediation/negotiation are not options, a formal motion to change can be submitted to the court wherein you will outline the changes you want to the order and your reasons.
Attend the Hearing
The family law court will look over the evidence, and the judge will ultimately determine if the changes requested are within the best interests of the child. Both parties will have the opportunity to argue for their preferred outcome.
INB Family Law LLP has a team of experienced professionals ready to help you assess your situation and guide you through the legal process. Contact us today for a consultation and let us help you secure the adjustments you need to move forward.