Modification of Child Custody

Modification of child custody is a legal process that entails amending an earlier court order regarding arrangement of child custody. The agreement pertaining to child custody is indeed a legal document that lays down the terms and conditions of child custody and visitation rights of the non-custodial parent.

Procedure for Modification

As the child custody agreement cannot be amended or altered without legal sanction, whatever modifications that are required must also processed through legal means. The courts will agree to review the agreement in the light of changed circumstances and will consent to the modifications if they are in the child’s interest.

Need for Modifications

There can be a variety of reasons why the estranged parents would want modifications in a child custody agreement. The obvious reason may be a change in the present circumstances as compared to the circumstances prevailing at the time the court approved the child custody agreement.

Change of Circumstances

The change in circumstances may be economic as the earnings of the father and mother of the child might now be different or one of them might have lost the job or ceased to be in employment.

The change may relate to either of the parent relocating to a different place or city due to job transfer or remarriage. There could also be other valid reasons like some disturbances in the family of either of the erstwhile parents, dissatisfaction with the visitation arrangement, the custodial parent may want to become a non-custodial parent, the child is changing its preference for the custodial parent etc.

Legal Sanction

The procedure for modifying the agreement of child custody may differ from one State to another but the basic guidelines are the same. Please remember that the entire process to modify the agreement may be decided fast depending on the way the appropriate family court functions.

The judge will invariably be more interested in knowing the preferences of the child, if the child is fairly grown up. But if the grounds for modifications are not convincing, the court may refuse to grant the changes sought.

Legal Help

You will have to hire the services of a qualified lawyer who handles family court cases. The lawyer’s services are absolutely necessary to redraft agreements, file documents in court, and represent you when the court hearings begin. Even if both the estranged parents agree on the modifications, you still need to file the modification details in court and seek sanction and a qualified lawyer alone can do that.

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