What a Child Custody Attorney Can Do with a Change in Circumstances

Once a final decree has been reached during a divorce, child custody becomes stably established in a home setting, with both parents agreeing on arrangement like parenting schedule and contact as part of the visitation rights. Although some parents arrive at a mutual agreement on changes made thereafter, it would be more advisable that any succeeding changes be coordinated with the family courts through a child custody attorney who specializes in family law.

This action has to be in the same state where the divorce settlement and child custody issues were decided upon. This is a preventive measure to avoid any future problem that may arise and complicate matters, especially affecting the child’s well-being. The courts do usually approve these so-called modification agreements as long as they are in the best interest of the child.

In the situation where one parent wants to modify the existing court order and the other parent will not agree to that change, a child custody attorney can help the former file a written request or motion for the court to modify this same existing court order with a more applicable and fairer one.

The valid grounds for the law to modify an existing court order would be in the case of a “substantial change in circumstances” for the child, the details of which a child custody attorney could better orient a parent on. Two commonly frequent examples of this change are a geographical move or a change in lifestyle.

For instance, a move to a different geographical location by the custodial parent will destabilize the child’s life and disrupt existing parenting schedule. This changed circumstance is substantial enough for a child custody attorney to file a motion that child custody and visitation rights be modified. Thus, the courts either switch custody to the other parent or require the parents to work out a feasible plan wherein both of them may still retain access to and contact with the child.

Secondly, a change in the custodial parents work schedule or lifestyle habits for the worse may necessitate a child custody attorney’s appeal that child custody and visitation rights be revoked as well. A custodian’s thoughtless act of leaving a small child alone at night in order for the parent to work or socialize and indulging in heavy drinking or drug-taking would endanger the health and safety of the child.

This can also happen if the non-custodial parent would be the one to engage in excessive drinking and illegal drugs. Obviously, these activities are all detrimental to the child’s welfare. These two common situations are substantial enough to warrant a necessary modification in child custody and visitation rights with the, the gravity of which will depend on the state laws, the judge’s decision, and the child custody attorney’s ability to defend or prosecute.

Whatever change in circumstances, as long as it is substantial and there are reasonable grounds, a child custody attorney will always be available and around to assist the parents as individuals and the courts as a whole in providing what is in the best interest of the child.

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Child Custody Attorney

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What a Child Custody Attorney Can Do with a Change in Circumstances

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