Some parents are hot happy with how their parenting plan turned out. Perhaps their circumstances have significantly changed and they need to modify their custody order. This can be a difficult process, particularly if there are minor children involved. Sometimes the court establishes a parenting plan that is not suitable for both parents yet the parents are expected to follow the order.
In order to modify a child custody order, the court needs to see that there has been a substantial change in circumstances. Ask a Salt Lake City child custody modification attorney about your legal rights in this specific situation.
It is important that you and your former spouse agree about the child custody modification otherwise you may be involved in a long and complicated legal battle. Remember that courts always focus on the best interests of your children. Every case is different so you must first talk to your attorney to determine if your situation qualifies for a modification.
The Judge may not always approve the request so you need to be prepared to show clear and convincing evidence that there has been a change in circumstances. The change must be permanent and also parents were not fully cognizant of the change when it happened. Even if the agreement was done in writing and both parents agree to the new changes, the court will not approve it unless the parents’ circumstances have truly changed.
In order to request a child custody modification in Salt Lake City, you must first file an application. It can be a complicated process without the help of a Salt Lake City child custody modification attorney. The application should be filled in the state where the parents reside. Yet if the original order is from another state and the parents live somewhere else, the state doesn’t have jurisdiction any longer.
If one of the parents make a move that disrupts the child’s life, the move can be considered a change of circumstances. Courts sometimes change custody arrangements so the current non-custodial parent may become the custodial parent. It is common for courts to ask parents to work out a plan that meets the child’s needs. When no agreement is reached, the court may intervene. It is important you ask your attorney about the steps to take in this particular scenario and how your decisions will impact your children.
Sometimes there is a change in lifestyle. For example, if the custodial parent starts working at night leaving the children unattended, the non-custodial parent can request a modification of child custody. Likewise, if the non-custodial parent is doing drugs, drinking, and hanging out with the wrong crowd, this may constitute a change in lifestyle and a good reason to request a modification.
It is never too late to request a child custody modification. You should not go through this alone. Call us today and discuss your case with Salt Lake City family law attorney Christopher M. Ault.
