Adjusting a child custody or parenting time arrangement post-divorce requires the moving party to move that there has been a significant change since the original agreement and that the proposed modification is in the child’s best interests. The steps for modifying a custody and parenting time arrangement are as followed:
Proof of Significant Change in Circumstances
In order for the Court to consider modifying a custody and parenting time agreement, the movant must demonstrate a substantial change in circumstances, such as:
- Relocation: One parent is moving a significant distance away, impacting the existing custody schedule.
- Change in Living Situation: A parent’s living condition has significantly improved or deteriorated, affecting the child’s wellbeing.
- Change in Parent’s Health: A parent’s health has notably changed, affecting their ability to care for the child.
- Change in Child’s Needs: The child’s health, education, or emotional needs have changed.
Proof that Modification is in the Child’s Best Interests
After establishing a significant change, the movant must prove that the proposed changes are in the child’s best interests. Courts consider various factors to determine this, such as:
- Parties’ ability to communicate: The court considers if one parent refuses to effectively coparent with the other parent.
- Child’s Health and Safety: The primary concern is the child’s physical and emotional wellbeing.
- Stability and Continuity: The court favors maintaining stability in the child’s life.
- Parent’s Ability to Meet Child’s Needs: Can the parent meet the child’s physical, emotional, and educational needs?
- Child’s Wishes: Depending on the child’s age and maturity, the court may consider their preference.
Compliance with Legal Procedures
All requests for modification must follow the court’s filing procedures. This often involves filing a motion and a Certification and supporting Exhibits, to assist the Court in understanding your potion. Failure to adhere to these procedures can result in denial of your request.
Mediation or Court Hearing
Depending on your specific case, you will likely need to attend mediation before a court hearing. If an agreement is reached through mediation, it is then presented to the court. If no agreement is reached, the case proceeds to a hearing, where you’ll present your evidence for the requested change.
The legal processes and considerations, as well as applications of the factors vary greatly depending on your specific jurisdiction and circumstances. Therefore, it’s highly recommended to seek legal advice when considering a modification to a custody and parenting time arrangement. Courts are guided by what is in the child’s best interests, and as such, any proposed changes should be guided by this principle as well.
If you or someone you know has a question regarding modifying a custody or parenting time arrangement, contact the Williams Law Group, at (908) 810-1083, today to learn more about how we can assist you.
