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Modifying Your Custody Order

There are times when you may need to change a custody order. Whether circumstances are different, or you have a difficult situation with the other parent, it is not always easy to get a custody modification. You must show that there are changed circumstances from when the last custody order was entered. You cannot count on being able to get a modification when you need it, so you must think ahead when you are negotiating the initial custody agreement.

Parents are always free to negotiate a modification order amongst themselves and file the order with the court when they have agreed on something. However, one parent may want to modify the order while the other parent disagrees. Parents may want to modify custody for the following reasons:

  • One parent wants to relocate
  • The children’s schedule has changed
  • The parents are having trouble working with each other
  • The children’s circumstances may have changed
  • One parent is being alienated from the child.

The court will continue to apply the best interests of the child standard if they are called to hear a case involving a modification. If they look at what works for the parent, they will only examine it through the prism of what helps the child. For example, if a parent needs to modify physical custody because they got a new job that will help them better provide for the child, a court may be more inclined to side with them. Either way, you should hire an experienced attorney for any child custody modification since this is a legal matter.

Contact a St. Augustine Family Law Attorney

If you have any legal matter pertaining to a divorce or custody issue, you need legal help. You can reach the attorneys at Naples & Spence online or call us at 904.478.8964 to discuss your matter.