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Know when to seek a child custody modification

When you set up a parenting plan, you set it according to what the child needs then. Those needs might change as your child grows up. Requesting a child custody modification may be necessary if you need to have new terms for the agreement.

There are specific criteria that must be met before you can turn to the court for a modification. You can’t just randomly petition the court to change the order just because you don’t like it. It’s imperative that you understand some of the basics associated with modifications.

The child custody order must reflect the child’s best interests. Typically, the court will review these requests if there is evidence that the child’s safety is being compromised. These claims must be substantiated by presenting evidence to the court, so think carefully before you attempt this.

Another reason for a modification is that one parent moves. This is typically reserved for a parent who is moving out of the area if the distance is so great that the current parenting time schedule isn’t feasible. The modification will usually entail coming up with a new parenting time schedule and possibly setting up terms for virtual visits to occur.

It’s also possible that a modification will come if one parent isn’t following the schedule for parenting time. This takes the reasons for the missed visits into account. New terms might be established in an attempt the child an opportunity to spend time with the absent parent.

Discuss possible solutions with your attorney prior to seeking a modification. In some cases, you and your ex might be able to come up with an amicable solution.


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Practicing in Bartlett Since 1977

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