On behalf of The Law Office of Gustavo E. Frances, P.A.
There are times when child custody arrangements are no longer working for some parents. In such cases, you can request a child custody modification that will adapt to your current circumstances. There are a few reasons why requesting a modification can be a good thing.
It is in your child’s best interests
This is the most crucial factor. Courts will not consider changing a custody order unless it is beneficial to everyone, but above all, it is in the child’s best interests. The child’s way of life should not be interrupted for trivial reasons. The court will definitely question the reasons why a parent may request a new custody arrangement.
Your child is in immediate danger
This is also a valid reason for a modification. If your children are in immediate danger, the court will assess your situation by considering some factors such as:
- The presence of domestic abuse
- Whether the danger is immediate
- If the child is unwilling to remain in the home of the parent.
In this day and age, relocations are inevitable. The good news is that courts will consider a modification if a parent needs to relocate. Some factors the court will consider, include:
- The motivation for relocation
- Whether the relocation makes visitation impossible
- Whether both parents know about the change in circumstances
- Whether the child’s life will continue as usual or suffer major interruptions.
When your ex-doesn’t respect the established visitation schedule
There are cases that involve one of the parents not cooperating with the visitation schedule. In such cases, the courts will consider a modification to the current child custody arrangement. Some of the factors they will consider include:
- The agreement between parents
- Reasons why the visitations arrangement was not followed
- Whether parents communicated effectively
After a parent dies
Sometimes a child custody modification is necessary following the death of a parent. This heartbreaking event can interfere with the child’s life and change everything. Courts will rather have children staying with the other parent yet there are also other alternative arrangements available. Some factors to consider include, the distance between homes, the other parent’s financial stability, and the child expenses.
Some helpful tips
If you wish to request a custody modification, it is important you contact your former spouse first and discuss whether this decision will benefit everyone involved, and most importantly the child. If your ex is a difficult person, you may benefit from mediation but it can be a long and costly process, depending on your circumstances.
For more information about your rights, call us today and speak to Fort Lauderdale family law attorney Gustavo E. Frances. He has many years of experience dealing with cases just like yours. For your convenience, your first consultation is free of charge. During your initial case assessment, we will answer any questions you may have and make sure you fully understand your legal options.