Many parents with custody orders have found that circumstances have changed over the years which require the custody order to be modified. As long as the two parents agree about modifications, the court order should be easily changed. However, there are cases when parents do not agree, and they decide to hire a Phoenix child custody lawyer to help point out the necessity of the change to the court.
In reality, custodial and visitation agreements should be revisited and renegotiated every two to three years. Children’s needs change quickly during the course of two to three years, as well as family situations and each parent’s schedules and commitments. Therefore, the court ordered custody and visitation agreement can become more tedious than beneficial for the parents and child involved.
Requesting a Modification
Either parent can request a modification to a child custody order at any time, if situations and circumstances change substantially. In order to petition the court for a modification, the parent will need to show that circumstances have changed. If it can be proved that the children involved will have a more stable and consistent lifestyle due to the change, there is a better chance of the modification to be approved. Regardless, the court will keep in mind the best interest of the child throughout the process of determining whether to modify the custody agreement.
Using a Mediator
In plenty of cases, the parents cannot come to an agreement about the modification of the child custody agreement. For example, a parent is moving to another state and wants the child to come visit for certain holidays. In these cases, the court will advise the parents to meet with a mediator prior to coming before the court to determine if an agreement, on any level, can be reached. If not, the matter will need to be presented to a judge to settle the differences, in the best interest of the child.
When two parents just cannot seem to see eye to eye on custody and visitation agreements, it may be time to contact a Phoenix family law attorney who can help to assess your rights in a custody disagreement. Sometimes, when you are in the situation, the best interests of the child are overlooked with even the best of intentions. Knowing your rights as the parent and the rights of your child will help you move forward with a child custody agreement that gives you peace of mind. Contact or call our Tempe Offices today, 480.345.2652