When Should You Request a Change in Your Custody Arrangement?
After a divorce and custody matter is settled or resolved at trial, there are times where custody arrangements may need to be modified thereafter in order to fit a family’s new or changing circumstances. Several instances may warrant material changes which would permit a party to request that a court modify custody or visitation to suit the best interests of a child or children subject to an existing order. It is important to know how to proceed in these circumstances. What may constitute a material change in circumstances which might present an opportunity to request modification of a court order or agreement vary and are determined on a case-by-case basis by the Court. Here, the Bel Air team of divorce and custody attorneys at Rodier Family Law discuss circumstances when it may be necessary or possible to request a custody arrangement modification.
The Safety of Your Child Is Compromised
The safety of your child is not only a top priority for parents, but for the courts as well. If your child appears to be in immediate danger in their current living situation, a court will consider a change in the custody arrangement. There are, however, several factors that a court will consider when evaluating this request. Factors may include potential domestic violence present in the household, whether the danger is immediate and directly affecting the child, and whether the child has expressed a reluctance to continue the current living arrangement where danger may be present.
If One Parent Relocates
If a parent has decided to relocate, a court will consider a custody agreement modification. There are several factors that a court will take into account before modifying the arrangement. The motivation behind the parent’s relocation, the potential interruption of the child’s life, and its effects on the visitation schedule are all factors that a court will consider regarding the relocation of a parent and a custody agreement modification.
If the Visitation Schedules Are Ignored
In some custody cases, one parent may not be cooperating with the other parent by violating the current visitation schedule put in place by the court. In order to consider a change in the custody agreement in this particular scenario, the court will consider the following:
- the agreement reached by both parents in the original parenting plan,
- the state of communication between both parents, and
- the reasons why the current visitation schedule has been ignored.
Consult with a Harford County Divorce & Custody Attorney for Guidance
Initiating a new custody court proceeding is complex and should be considered with great thought. Before initiating this decision, consider communicating with your ex-spouse to develop a mutually-acceptable agreement, if possible. Once you have decided that a new custody agreement is how you want to proceed, seek out assistance from a trusted divorce and custody attorney.
The Bel Air child custody attorneys at Rodier Family Law understand that the best representation and guidance possible is required when it comes to your child’s arrangements. To learn more about our team of attorneys, or to schedule a consultation about your case, contact us today by calling (410)-803-1839.