When a couple with children decides to separate or divorce, one of the most important issues to be decided is child custody. Custody agreements determine which parent will have primary custody of the child, and how visitation rights will be managed.
However, there are times when a custody agreement may no longer be suitable for the child or the parents. In such situations, it becomes necessary to change the existing custody agreement. Here are some steps that can be taken to get a custody agreement changed:
1. Review the existing agreement: The first step is to review the existing custody agreement and understand the terms and conditions. This will help you identify areas that need to be changed and the reasons why they need to be changed.
2. Gather evidence: To get a custody agreement changed, you must provide evidence that shows that the existing agreement is no longer in the best interests of the child. This can include documentation of a change in circumstances, such as a parent’s relocation or a child’s medical conditions.
3. Consult a lawyer: It is essential to consult an experienced family law attorney to determine the best course of action to get a custody agreement changed. The lawyer can guide you through the legal process, advise you on what evidence is needed, and represent you in court if necessary.
4. File a motion: To change a custody agreement, you need to file a motion with the court that granted the original custody order. The motion should state the reasons for the requested changes and be accompanied by evidence supporting your case.
5. Attend the hearing: Once you file the motion, a hearing will be scheduled. You must attend the hearing and present your arguments and evidence to the judge. The other parent will also be given the opportunity to present their case.
6. Await the judge’s decision: After hearing both sides, the judge will make a decision on whether to modify the custody agreement. The judge’s decision will be based on what they believe is in the best interests of the child.
In conclusion, changing a custody agreement can be a challenging and emotional process. However, if you have evidence that the existing agreement is no longer in the best interests of the child, it can be done. Remember to seek professional legal counsel and be prepared to present your case in court.