If you want to change your existing child custody order, then you need to go through a process to get it modified. Now, every state has different laws and procedures that govern child custody modifications, so if you want to change your custody agreement you need to find out the specific laws where you live. But, there are some general principles about how to get a child custody modification that help regardless of where you live. Here are a few suggestions to get you started.
If you want your custody order modified, you need to go through the courts. However, there are two ways to get your change accepted by the courts. If you and the other parent agree on the modification, you simply file some papers and the court accepts the change. If you and the other parent do not agree on the modification, a court date will be scheduled where both parents present their side of the case. The court will then decide if the order will be changed.
So, the first thing to do if you want a child custody modification is to approach the other parent and find out what they think. Do some preparation so you can fully explain the change you want, why you want it, and how the change will help the child. Listen to the other parent and make some compromises to the change if needed. If you can both agree on a new schedule or arrangement it will make things a lot easier.
However, if the other parent won’t discuss the issue and refuses to make any changes, you will need to prepare to present your case in court. You may want to consult with or hire an attorney to help you. You will basically need to prove to the court that the changes you are suggesting are in the best interest of the child. If you are asking for a major custody modification (like a change of custodial parent or an overhaul of a custody schedule) you should be prepared to show that the child will be harmed if these changes don’t happen.
The courts like children to have stability so they don’t look favorably on parents who are constantly trying to modify their custody order. Pick your battles carefully and don’t rush to court every chance you get. Be sure you have a good reason for wanting your order changed.
If you are worried about your child’s safety or well-being, you should file for an emergency custody modification. Check with your local courthouse to find out more information, but there should be some way you can immediately meet with a judge to share your concerns and get your child to a safe place.