Modifications to Child Custody Agreements
Though your child custody agreement may have suited you and your former partner at the time of your divorce, the ever-changing circumstances of life can make these agreements unfitting when defining when and how you may see your child. Bearing this in mind, you may need to modify your child custody agreement in order to preserve the best interests of your child.
If your circumstances have changed and you would like to talk about the legal work that is necessary to make modifications to child custody agreements, the Cedar Rapids child custody attorneys at the Arenson Law Group, PC, can address your concerns and discuss what legal rights you may have to modify your agreement. Our legal team understands just how important this process can be, and we can help you pursue any course of legal action necessary to protect the best interests of your child. To learn more, contact us today at (319) 363-8199.
How Can an Attorney Help?
You may be modifying your child custody agreement with your partner among terms that you have already agreed upon, or you may be seeking to change some aspect of the agreement through legal action. In either scenario, having an experienced Cedar Rapids child custody lawyer in your corner can be useful to ensure that the agreement is specific, comprehensive, and legally-binding. A lawyer can help to make sure that the risk of conflict over the agreement is minimal in the future by leaving less room for interpretation.
If you are trying to change the agreement without your ex’s consent, your lawyer will be especially important. They will be able to gather the necessary evidence and make compelling arguments in front of the judge to get you the result you want. They will also be able to anticipate any arguments your ex may make and defend against them.
Events that May Necessitate Modifications to Child Custody Agreements
As long as the petitioning parent is able to adequately demonstrate that his or her circumstances have changed enough to warrant the modification of the agreement, there is a good chance that the court will agree to modify your child custody agreement. In any event, you will also need to be able to show that the changes in your or your partner’s circumstances are permanent in nature; for instance, the following circumstances could compel the court to modify your custody agreement:
- Relocation of the custodial parent: If the custodial parent is considering relocating somewhere that will increase the distance between the two parents, the custody agreement may need to be renegotiated. This is based on the motive for relocation, whether the child’s life will be interrupted, and how the move will affect the visitation schedule.
- The custodial parent goes on active duty: If the custodial parent leaves to serve in the military, the custody agreement will need to be renegotiated.
- Significant change in health for the custodial parent: Health complications can necessitate the renegotiation of the custody agreement. If doctor appointments, procedures, or recovery take away from the ability of the parent to care for the child, then custody must be modified.
- You believe the child may be endangered: If there is immediate danger to the child due to domestic violence in the other parent’s home, or if the child does not want to stay at the other parent’s home because danger may be present, you may have cause to modify the custody agreement. The court will consider the immediacy and scale of the danger in deciding whether or not to modify the agreement.
- If your spouse ignores the agreed-upon child custody schedule: If your ex is refusing to follow the set visitation schedule, you may consider filing for a change to the custody agreement. A court will consider the parent’s stated reasons for not following the schedule, as well as the degree of communication between the parents and the original agreement.
- If a parent dies: In the event that the custodial parent dies, a court has the option to either reassign the child to the non-custodial parent or place the child with a third-party. A court will consider whether or not the noncustodial parent is fit to assume responsibility for the child, the child’s preferences, and the degree of life changes going from the custodial to the noncustodial parent.
Whatever circumstances have changed for you or your former partner, our legal team can help you understand what legal action may be available to you. That being said, it is important to remember that you and your partner may choose to voluntarily modify your agreement with the help of an attorney.
Consult with a Child Custody Attorney in Cedar Rapids
Child custody agreements can often be an emotional and tough process. When circumstances arise that necessitate changing the agreement, the experienced child custody lawyers of Arenson Law Group, PC can often make the difference in renegotiating the agreement in the best interests of the child. Whether you and your former spouse are mutually agreeing to change the terms, or you believe something necessitates changing the agreement, we are here to help.
If you would like to find out more about the process of making modifications to child custody agreements, the Cedar Rapids child custody attorneys at the Arenson Law Group, PC, will be happy to answer your questions and address your concerns. To speak with an attorney about the circumstances that need to be addressed in your custody agreement, please call our offices at (319) 363-8199 today.
Written by James H. ArensonLast Updated : December 3, 2021