Custody Agreement, Can It Be Changed?

Even after working out custody agreements, clients will often contact me weeks, months or evencan-agreement-change-balduf years after a divorce or custody order is final as they find themselves unhappy with the arrangement they entered into and are asking…can custody agreement be changed.

Even if they are happy with the current custody agreement or arrangement they may be contacting me because they are being brought back to court by the other party who wants changes. Fortunately for some, and unfortunately for others, custody arrangements are never set in stone and can typically be revisited. Can Custody Agreement Be Changed? Yes.

As parents’ lives change after divorce, their existing custody agreement or orders might not work anymore. When they agree that a change is necessary, the process of asking the court for a new order is relatively simple. When they don’t agree, it can be difficult to convince a judge to make a change.

When parents disagree about changes to a custody agreement or order, only a major change in circumstances since the last custody order will convince a court to modify it. Generally, something must have changed in the home where your child has been living to make the home no longer safe, emotionally or physically or maybe the current order is not be followed or is too vague to be followed properly.

Simply saying that your child’s home presents a danger, either mentally or physically, is not be enough to persuade the court that a change is necessary. You’ll need proof. Proof includes documentation, such as police reports. It can also include the testimony of witnesses, if others have seen the unhealthy circumstances in your child’s home. You can hire a counselor to talk to your child and testify about the impact of the changed home conditions on your child.

Experienced representation is necessary to guide you through this process.

See also:

How do I talk to my kids about divorce?