Reasons For Modifying Child Custody

Some parents may not be happy with the way their child custody arrangement turned out and they may want to seek a child custody modification. If you are not happy with your current child custody agreement, it is important you hire a Thousand Oaks child custody attorney with experience in these types of cases.

Your child’s best interests

Courts will not modify a child custody agreement unless the changes benefit the children and work for the parties involved. This is the primary concern of every family court, the child’s best interests, which means the child custody arrangement will not be altered unless the parents can prove the new circumstances qualify for a modification.

When your child is in danger

This is one of the main qualifying reasons for a child custody modification. Some of the most important factors the court will consider include:

• Domestic abuse or child abuse.
• If the danger is immediate.
• If the child doesn’t want to stay with the allegedly abusive parent.

Relocation

Family courts also consider a child custody modification if a parent plans to relocate. Some factors the court will take into consideration include:

• Motivation behind the decision to relocate.
• Whether the decision supports the visitation schedule.
• Whether the parent has notified the other parent about this decision and he or she is conscious of how it will interfere in the child’s routine and upbringing.

When your former spouse doesn’t respect visitation schedule

It is common for one of the parents to ignore the visitation schedule and refuse to cooperate with the agreed-upon child custody arrangement. In such cases, the court will take some factors into consideration such as the initial agreement reached by both parents and reasons why the agreement has not been respected.

When a parent dies

In cases involving the death of a parent, a child custody modification is granted taking into consideration the new circumstances. Although the courts would rather have the child staying with the non-custodial parent, sometimes that’s not possible and the court may consider some alternative arrangements. The child may not remain with the non-custodial parent if:

• There are distance issues.
• Other responsibilities get in the way making parents is unfit.
• The child doesn’t want to stay with the non-custodial parent but rather with a third party

Custody modification tips

It is important parents communicate effectively with each other before making a major decision that may impact their future and the future of their children. Perhaps a mediator can help settle important issues and make the whole process more amicable.

For more information about child custody modification, contact Thousand Oaks child custody attorney Stephanie L. Mahdavi. We are here to answer any questions you may have and ensure your family law legal needs are met.