Child custody and visitation rights are a large part of family law. Once you’ve had a court order for a few years and it’s not quite working anymore, you might start looking up modifying orders and how that works.
Here at The Law Office of Ronald Kossack, we’re committed to helping people find a visitation or custody plan that works for them and, more importantly, for their children. Kossack is an experienced family law lawyer in the Tempe area who will work hard to help you reach your goals. Whether you’re in Phoenix, Scottsdale, Chandler, Mesa, or Tempe, our family law firm can help. Contact us today to schedule a free initial consultation, and read below to learn more about situations that could justify modification to a current court order. For all things family law in Tempe, you can count on The Law Office of Ronald Kossack.
Substantial Changes Of Circumstances
When seeking modification with the help of a family law lawyer, the parent or other party seeking modification must show there has been a “substantial change of circumstances” that affects the child (positively or negatively) and that modification is in the best interest of the child.
The following are five aspects that could qualify as a substantial change of circumstances:
The Child’s Well-Being
The court and any family law attorney will always prioritize the well-being of the child in the situation. No matter what the father’s rights, grandparent’s rights, or custody agreement say, a modification can likely be reached if the child’s well-being is in danger.
The Child’s Relationship With The Parents
If the child’s relationship with a parent is negative or unhealthy, then it could be in the best interest to modify the child custody order that was put forth after the divorce or legal separation of the parents.
The Child’s Wishes
Sometimes, a child makes it abundantly clear that they no longer wish to live with a specific parent or with either of them. It’s important to try to establish why they have these feelings and emotions and to be open with your family law attorney in order to make sure the child isn’t being persuaded to act a certain way.
The Character, Personality, Or Conduct Of The Parents
Drug addiction, abusive behavior, and more are negative reasons that could warrant a change in the court order. Other reasons aren’t as extreme, such as a job loss or change in working hours that doesn’t work well with the current parenting time plan.
The Child’s Living Environment
If the child’s living environment with one parent is unhealthy, unsanitary, or markedly uncomfortable, then a modification could be in order. However, this could also include one parent moving and how that would affect the child.
Get Help With Family Law In Tempe
Family law is a diverse, far-reaching aspect of law. Here at The Law Office of Ronald Kossack, we’re pleased to get to help so many families. If you believe a modification would be in the best interest of your child, then contact our law office to get started today with a free initial consultation.