Child custody is a complicated legal matter that sometimes leaves one or both parents in situations they are not 100% satisfied with. Perhaps one parent thinks they were not given enough time with their children or the scheduling is unfair considering the circumstances. A parent may also find that over time, as life and circumstances change, their child custody agreement no longer works for their children.
When it comes to child custody and the law, the focus is on what is in the best interest of the child(ren). The court wants to ensure the child(ren) has a stable upbringing amidst the potential turmoil of a divorce. Child custody arrangements are created with this intention and although custody is also subject to modification, it still requires substantial proof and reasoning to modify custody after it has been finalized and made a part of a Court Order.
If a parent wants to modify their current custody arrangement – whether that be legal custody and/or physical custody – they must prove to the court there has been a material change of circumstance since the entry of their Court Order, and modifying custody would be in the best interest of the child(ren). For example, one parent may be relocating out of state; a parent may allege that the other parent’s home is no longer a suitable environment for the child(ren); a parent may be diagnosed with a mental illness or substance abuse that interferes with their ability to care for the children; a child’s academic demands or extracurricular activity commitments may significantly change.
If a parent is simply unhappy with the current custody agreement and would like to change it, the court may not consider this a justification for modification. Parents are required to prove a material change in circumstances that has occurred since the date of the last Court Order.
Parents can agree, absent a change of circumstance, to modify a custody schedule. Both parents can seek advice from legal counsel and assistance in making the changes. Family law attorneys will have the knowledge and experience necessary to discuss the matter with their clients and work to reach the best solution for their new child custody agreement. Mediation may be a helpful step in the process of modifying a custody schedule.
If you are seeking to modify your current child custody agreement, the family law attorneys at Turnbull, Nicholson, & Sanders, P.A. encourage you to contact us to discuss your matter further. In the end, your child(ren) comes first and should be raised in a healthy environment. Several attorneys in the firm are also Certified Mediators and can facilitate an amicable resolution to your custody modification matter.
Child custody agreements are complex and require the knowledge and skills of an experienced family law attorney. If you have questions, please contact Turnbull, Nicholson & Sanders, P.A. at (410) 339-4100 or info@tnsfamilylaw.com. Our team of family law attorneys is here to help guide you.
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