It is possible to change a custody order, and you also have the right to hire a family law lawyer to help with the process. The difficulty of modifying a custody order can depend on several factors, including the cooperation of the child’s other parent. In some cases, it may be as simple as coming to an agreement, having a lawyer prepare the petition to modify custody, filing it with the court, and getting a court order signed by the judge.
In other cases, you will need to meet specific criteria and possibly go through mediation and a court hearing. A lawyer can present your argument and hopefully convince the judge that the exigent circumstances require a change to custody order.
There are many reasons a judge will make a change to a child custody order including:
The court may agree with your request and grant you a new order, but in other cases, the other parent may need to agree to a new custody plan.
The laws and standards can vary from state to state. Normally it needs to be shown that a substantial change in circumstances has occurred and that it is in the best interest of the child(ren) to change or modify the custody order. If you believe your child is in danger, or there is reason to believe that a “substantial or material change in circumstances” has occurred requiring a change in the parenting plan, it may require the filing of a motion and hearing. You should seek advice and assistance from a family law lawyer in these circumstances.
A material or significant change in circumstances may include changes that have:
In claiming a substantial or material change in circumstances, documentation or other evidence may be necessary to support the need for modification that will benefit the child. A lawyer can help you understand these issues and the requirements in your state.
The family court will normally approve a change to the order when both parents are in agreement and it benefits the child. This is not always as simple as it sounds, though. In some cases, both parents agree that a modified plan would best fit their needs and is in the best interests of the child or children. If you can reach that agreement, be prepared to take certain steps to make your plan official by modifying the court order:
Mediation may be an option if the parties are not able to agree. It can still require a court hearing for resolution. Working with a lawyer can help you understand your rights and take the necessary steps.
You may need to seek a change in current custody because of a substantial or material change in circumstances, but the other parent might disagree or otherwise reject the change. If this happens, it may require documentation to be filed with the court and a hearing in order to make changes.
Depending on state laws, you may need to meet with a court-appointed mediator to try to reach an agreement with the other parent before going before the judge. If the case goes to court, be prepared to present:
A lawyer can help identify the types of evidence to support your case and build an argument for modifying the plan. This may include working with witnesses who can testify about the child’s living situation or the effects the material change has had on the child’s life. Expert witnesses may also be necessary. Other evidence may include:
You have the right to seek advice and assistance for a lawyer. After the court hearing, the judge will rule about whether or not there will be a change in the custody order.
While there are benefits to reaching an agreement with the other parent without going to court, there are also pitfalls to handling the case without going through the legal system, particularly if you have a strained relationship with the child’s other parent.
Any time you reach an agreement, even just for an early pickup or a swapped day, put the agreement in writing. When it comes to altering the parenting plan, however, be prepared that the agreement cannot be enforced and will not stand up in court unless the proper steps are taken to file documents with the court, and it receives court approval. A lawyer is helpful to navigate the process of gaining custody in situations like these.
LegalShield plan benefits include access to a provider law firm to help address legal challenges and navigate the process of changing a parenting plan. A family law lawyer can explain your options and the next steps based on your specific circumstance and location. If you are already a LegalShield Member, you can use the LegalShield app to call your law firm today and discuss your matter.
If you are not yet a LegalShield plan member, we can help you decide which of our plans best fits your needs. We have plans for individuals, families, and small businesses LegalShield serves all 50 states and all Canadian provinces.
This guide walks you through 11 categories of legal issues and how lawyers can help. Many of these issues are covered by a LegalShield® Plan, so talk to a provider law firm about your specific situation.
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