Both parents can agree or either parent can file a motion for modification. For a parent to change custody or support, they must show that there has been a substantial change in circumstances since the last custody or support order. The change in custody or parenting time should also be in the best interest of the child. Yes, child custody can be modified after a divorce.
The changes can be made to each other or through a court order. A judge will generally approve custody modification requests if there is an important reason that is in the best interests of the child. Learn more about making changes to child custody after divorce below. Usually, the police will help you only if you have a court order for custody.
If you have filed for divorce and have even reached a temporary agreement, it's a good idea to have the judge approve the agreement and turn it into a court order. The short answer to this question is yes. You can change a custody agreement without going to court if you can agree with the other parent about the modified custody agreement. You'll just have to have a judge sign it.
Most states require parents who request a change in their child custody agreement to file a petition with the court that originally granted custody. When parents separate or divorce, you can get an initial child custody order that outlines the custody agreement. When a child custody agreement exists, that agreement is legally binding and both parents must share the child according to the terms of that original child custody order. Yes, having an experienced child custody attorney is essential for a post-divorce child custody modification.
Child custody lawyers help take emotion and vitreous potential out of the equation so you can focus on what is best for you and your child. You should be able to move out of state with your child, unless a custody order or protective order (see Question 47*) says you can't move. If you intend to try to modify a custody agreement through litigation, you will need a child custody lawyer to help you. They may not return your child home on time every week, or refuse to let you know when they take him on a road trip out of town.
If your ex doesn't approve of the requested amendments to the current child custody agreement, you can still approve it. Unless the court orders otherwise, a non-custodial parent has the right to know how the child is doing in school and to have information about his or her health. For example, an agreement could say that the custodial parent has to give a certain amount of time before moving, or it could prohibit the custodial parent from moving out of state. As noted above, any change to a child custody agreement must be approved by a judge to be considered legally enforceable.
Since you'll need to present evidence in court, it's always best to work with an experienced family law attorney to modify child custody based on violations of the existing agreement or order. Joint custody does not mean that the child should spend equal or substantial time in each parent's home. Coming to common ground regarding shared children can be tricky, but once a child custody agreement is established, that agreement is legally binding and both parents are generally required to share the children according to the terms of that agreement.
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