It is integrally important to get parenting partnerships right the first time in court when marriages fail. Success or failure in a custody agreement rests solely on the parents. The courts can only rule based on the information provided, so it is imperative that parents come to court completely prepared and armed with the best advice on divorce. That way the kids get what is best for them in family court.
Judges for child custody do not like to alter custody agreements because they think changes destabilize the children. They also have loaded court dockets and seeing the same couple over and over again does not gain any points for the plaintiff that restarted the custody litigation. When the new custody arrangement is not mutually sought, the petitioner must prove a "change in circumstances" in the kids, the custodial parent, or the noncustodial parent.
If all parties are agreeable to a change in the custody agreement, then file the new agreement with the court anyway. This will keep everybody on the same page and keep anyone from going back to the old plan.
When a custodial parent wants to move, the court is going to need compelling reasons to uproot the children. Family court judges are trying to provide stability and consistency they know kids need. A move is a dramatic change and potentially a threat to stability for the children.
Changes in the lifestyle of one parent or the other would definitely mitigate a change in the custody agreement. Negative changes would mean drug or alcohol abuse by a parent. Another change for the parent may be the inclusion of a boyfriend or girlfriend. The new boyfriend or girlfriend should behave according to boundaries set for the acceptable ways to treat your kids or you have grounds for modification.
If your kid wants to move in with the other parent, most courts will want the petitioner to show that the current arrangement is harmful in some way. With physical or sexual abuse, there is no question that the court will take these allegations seriously. The agreement will be altered to restrict or cancel visitation, modify custody, or stop contact altogether. Charges of abuse had better prove true or everyone gets hurt.
Custody agreements are altered when working hours of the parents change. As kids get older, their needs and schedules change. Most changes in custody agreements today are from custody shared to sole custody. Many parents find that household switching is too hard. Others have found that they just cannot work together to raise the kids.
Ramifications in court for child custody affect the family for years. Going to court is emotionally and financially costly and time consuming, so plan carefully. Changes in parenting partnerships are best achieved when both parties mutually agree. When there is conflict of resolution modifying the custody agreement, the burden of proof lies with the petitioner. Be prepared.
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