Perhaps you are co-parenting with your soon-to-be ex-spouse and encountering hiccups when it comes time for them to adhere to the custody agreement. Though you both took the time to put your differences aside initially to create a feasible arrangement, your child’s other parent is not honoring his parental obligations.
Before you petition the courts to modify your child custody or parenting agreement, make sure you have made every possible effort to work things out with the other parent before taking them to court for a child custody agreement modification.
Reasons for child custody modification
Child custody and visitation arrangements are not permanent. Circumstances that can arise that facilitate the need for modification. The courts do not modify custody and visitation for erroneous reasons. Reasons the courts modify child custody/parenting plans include:
- Threat to your child health, safety or well-being
- One parent fails to stick to the schedule
- Unable to contact the other parent
- Communication issues
- The death of the other parent
- Relocation and distance challenges
You should include supporting evidence in your petition. Your request for parenting plan modification request must serve the best interests of your child.
Your child’s age may impact the court’s decision on the parenting plan. Depending on the circumstances and if your child is older, the courts may want to talk to them before deciding whether you grant, alter or deny your request for modification.
The parent who petitions the court for a modification bears the burden of proof. If there is sufficient evidence supporting the petitioning parent’s claim, the courts will alter the agreement to better protect and enhance your child’s well-being.