Modifying a Child Custody Order
Even after the divorce has been legally settled, the anger and bitterness continues. The anger builds up throughout the divorce and it is hard for some to just forget about what happened and be friends. When a non-custodial parent wants custody of the child or children involved, the only way to usually settle this is to go back to court.
Be Careful When Changing a Child Custody Order
There are several reasons why a change is necessary. The main reasons could be something such as suffering from drug or alcohol addiction or even immoral behavior of the parent who currently has custody. Other factor that may need to be considered is mental illness such as Bi-Polar disorder. It could be something like extreme depression. These conditions can interfere with the care of the child or children involved.
It is always in the best interest of everyone if the parent who has custody and who suffers from any of these conditions seeks help voluntarily. While they are getting the care they need physical custody could be awarded to the other parent until the custodial parent gets better. This is the best solution for the children involved and it shows a responsibility that is putting the children’s needs before their own.
Unfortunately, addiction or illness, such as depression, is usually already out of hand and they do not see a problem because their judgment is impaired. This means that the courts need to get involved to decide everything. During the court proceedings, all the evidence is recorded and considered and then a decision is made. The child’s well being is always the concern of the courts and the situation may be in favor of the parent who is filing for change.
Because of this type of modification, it usually causes hostility to the other parent and in the end, the children end up being in the middle of an argument that spins out of control.
It often happens that the custodial parent ends up having a dispute with the other paren. They decide to punish the custodial parent by taking the kids away. The reason for the request for change is allegations that cannot be proven.
Modifying a Child Custody Order Usually Means Going to Court
When someone decides to change the custody of the parent, a request should be filed in court. If both parties agree to the custody change then the lawyers can draw up the paper work and have it signed. If one parent disputes these petitions for custody modification, a hearing will be scheduled to hear both sides of the case and decide what works best for the children.
Unclear Reasons for Changing Custody
If a non-custodial parent uses "unclear reasons" to file the petition for custody change the children usually end up in the middle of a heated battle. The children know that there is a lot of anger involved that they do not know who would be best at caring for the children.
Battles in child custody are not only devastating to the children involved but also they are also expensive. False allegations usually are not awarded when requesting a change. It only puts the children through a useless custody battle that upsets their entire world.
Don't Use Child Custody to "Get Back" at Your Spouse
Anytime you think that your child is being threatened physically or emotionally if they remain with their current custodial parent then it is best to file a motion for a change. It is your responsibility and your obligation to protect those children and report this. However, if you are seeking a change of custody because you are angry and want to get back at your ex-spouse then you are only hurting the child.
Think about this: Judges will punish those who are considered "unreasonably litigious".
- The content of this page is provided for informational purposes only. If you need help with a child custody issue, click here to talk to Edward LaVance Adams or a Child Custody attorney near you.