How to Modify Custody Orders


It is not uncommon for divorced parents to have a custody order that no longer works for their family situation. Perhaps one parent moved to a new location or has had a significant change in circumstances that affect their ability to care for the child. In such a case, modifying the existing custody order may be necessary. If you are wondering how to change custody orders, this blog post is for you.

1. Talk with the Other Parent

Before you take any legal action, it is always best to communicate with the other parent and try to resolve the issue collaboratively if possible. Talk to the other parent, explain your concerns about the current custody order, and see if you can work out a mutually beneficial solution. If the other parent agrees to your proposal, you could draft a new agreement and have it reviewed by an attorney.

2. Understand the Legal Requirements

If you cannot agree with the other parent, you must file a custody modification request with the court. In most states, the court will only consider modifying a custody order if there has been a significant change in circumstances since the original order was made. This could include a change in residence, job loss, relocation, health problems, or remarriage. Ensure you fully understand the legal requirements for changing a custody order in your state.

3. Get Legal Help

Custody modification is not an easy process, and it is always best to get legal help to protect your child's rights and best interests. An experienced family law attorney can guide you through the process, helping you understand the legal requirements and advocating for your needs and your child's best interests.

4. Attend the Hearing

Once you have filed the modification request, the court will schedule a hearing where both parties can present their case. You and the other parent must provide evidence to support your request for a modification, such as financial documents, medical records, and witness testimony. Be prepared to answer questions from the judge, and make sure you have a clear and compelling argument for why your proposed custody arrangement is in your child's best interest.

5. Follow the Court Order

Once the court has made a new custody order, following it to the letter is essential. Violating the order can have serious consequences, such as being held in contempt of court or losing custody altogether. Ensure you understand the new order's requirements, and if you have any questions or concerns, consult your attorney.

Augustine Family Law Attorneys

Are you looking to change a custody order? Our team at Canan Law is here to help. With our experience in family law, we can guide you through the legal process of modifying a custody order. Contact us today at (904) 849-2266 for a consultation and let us fight for the best interests of you and your child.

Canan Law

Serving St. Augustine, FL Since 15