While not required, a custody attorney is recommended for modifying child custody orders, particularly if the parenting circumstances have changed or the other parent disagrees.
One Parent Neglects to Obey the Custody Terms
When you and the other parent first went to court, you received a custody order via a judge’s decision or an agreement. You and the other parent are supposed to obey this order under child custody laws.
However, what do you do if one parent isn’t following the child custody order? Maybe they are taking your child out of state without telling you, or they’re consistently not bringing your child back on time.
In these instances, you can file a motion to modify the child custody order. You’ll need to give suitable notice to the other parent and show evidence in court that demonstrates the violations are a significant change of circumstances impacting the welfare of the child. Besides filing for a custody modification, in certain circumstances you could also ask that the other parent be held in contempt.
Since you’ll need to show evidence in court, it’s always best to hire an experienced custody attorney in Denver to modify child custody based on violations of the current order.
The Child Is in Danger
Since your child’s well-being and safety are always the court’s main concern, endangerment is one of the most persuasive reasons a judge will modify custody. If one of the parents is engaging in actions that can endanger the child’s health, the court can change the order or significantly restrict that parent’s rights to physical custody.
Conduct that could change a child custody order due to endangerment:
- Sexual, psychological, physical, verbal, or emotional abuse
- Putting the child in a dangerous situation that puts them at risk of being physically or mentally hurt (home with continuous reports of domestic violence)
- Substance abuse that puts the child in danger or creates a bad influence
- Serious mental health concerns, including erratic or unstable behavior
If your child is in pressing danger, call law enforcement. Next, contact your child custody attorney. You can work with your lawyer and file a motion to modify your custody agreement and safeguard your child’s well-being.
Someone Is Arrested or Convicted of a Crime
Convictions and jail time can affect custody arrangements, but only after evidence is provided to the court. Even if the case is ongoing, you can petition for primary custody if there are concerns or possible risks for your child in their care.
To take control of the situation, you must identify and show what the grounds are for primary custody of a child. You may be allocated primary custody if the other parent is incarcerated, especially for a serious crime.
Change Homes or Relocating
When the primary custodial parent has to change homes for work or to care for another family member, a modification of the current custody order may be warranted.
The noncustodial parent could request changes to make sure the child can’t relocate out-of-state state or must stay within a certain distance. This is one of the more complex cases for modifications since there isn’t much flexibility when a parent has to move or relocate for a job.
Your child custody lawyer can help you find reasonable terms that don’t hold the family back. The goal is that your child’s best interests are protected.
There Are Signs of Alcohol and Drug Use
If you suspect that your child’s parent is under the influence of drugs or alcohol during their parenting time, you need to establish clear boundaries.
Your attorney can help you find protection with acceptable modifications to custody arrangements. Today, there are a vast number of children living with a parent who is dealing with an addiction. However, many of these cases go untreated. Responding to the signs and modifying the order can stop their addiction to alcohol and drugs from negatively impacting the child.
Prolonging action when there are obvious signs of substance abuse could put your child’s life safety in danger. One option may be to request changes to the existing custody order so that a parent must be tested before they see the child.
Death of a Family Member
The death of a parent or guardian has an immediate effect on your child custody order.
If you hire a child custody attorney, you can find out how to move forward while helping your child through the grieving process. Payments and living arrangements won’t remain the same after a death in the family, and you don’t want to ignore the legalities. Your child custody lawyer is experienced in helping families find a healthy balance after a death in the family.
Change of School
As your child gets older, they may change schools and begin different extracurricular activities.
This is greatly encouraged for their success and happiness, but it can put a huge strain on parents. Balancing quality time with transportation to school could result in child custody revisions. For instance, if you need more time to take your child to school because it’s further out of the way, the other parent may be required to adjust.
Working on these changes ahead of time could help you be ready for the first day. If your child is constantly late for school, hurried, or bouncing around for school, modifications could be made.
If you and your now ex live in different areas, it can also affect the school your child attends.
Whether you are recently divorced or it’s been years, you should hire a child custody modification attorney.
Experience and Skill Matter
When life changes, and a modification to your child custody order is needed, you want a trusted child custody advocate to help you navigate the intricacies of family law. At Phillip Goldberg PC, we know that every family situation is unique, and we’re dedicated to securing a custody arrangement that operates in your child’s best interests. If you believe you may need to modify your child custody order, contact us today so we can talk.
