By: Jacqueline Keenan
How was custody established?
The first step in changing child custody is knowing how it was established. If you and your ex are working off of a separation agreement or something that you decided outside of court, then one person needs to request the change. This should be done in writing, but because it is not a court order, it is up to the other party to decide whether or not they are willing to make a change. If that fails, then it may be time to bring the issue to court and have it put in a court order.
If custody is determined through a court order, then the decision to make a change to a custody arrangement rests with the judge. The judge will decide if there is a substantial and material change in circumstances, and if so they may modify the order.
Substantial and Material Change
In determining child custody, the goal of the court is always to look out for the best interest of the child, regardless of what the parents may want. So, when a judge is asked to change an order that has already established what serves the best interest of the child, they will need a very good reason. Because of this, the judge will look at what has changed since the original order was written. If they find a change that is both substantial and material, then they may be persuaded to make a change.
Substantial and material change can include one parent losing a job or moving out of state. A new marriage or relationship that is having an effect on a child’s life may also be considered.
Modifying child custody can be a complicated process. If you are interested in making a change to your custody agreement or order, contact Adkins Law to set up a consultation and decide your next steps.
There are several different types of Child Custody:
How is Custody Determined?
Court will decide where the child will live and what type of custody will or should be awarded to each parent. If the parents have come to an agreement, the courts will often take that into consideration before making the decision for the family and the child.
If no agreement can be made, then the court will choose based on the “best interests” of the child. The court considers a wide variety of factors to determine the best arrangement for custody of the child.
The factors the courts consider:
Adkins Law can help you understand any and all complexities of your child custody case. Call Adkins Law today for more information and to schedule a consultation.