Divorce cases can be difficult and heart breaking to
go through and it can be a very confusing time for the children involved. There
can be nothing to do to help ease the confusion or pain that a child goes
through when their parents divorce but it is not impossible to make sure that
the child is not well looked out for. They need to have the best life possible
for them during the fallout of the divorce proceedings and they need to be with
the parent who will be able to give them the best quality of life and who will
be able to give them everything they require.
This should always be ensured.
But custody battles will always be difficult to navigate and mistakes can be
made, decisions are made that may need to be modified later on as they are made
in the heat of the moment. There is no need to be ashamed of this as divorces
can be very stressful and hurtful things to handle and go through. This is why
modification of child custody is still possible after the courts have made
their decisions. This article will detail the ways to go through child modification
process and all of the rules and regulations.
When
can the custody of the child be modified?
There are two basic situations in which child custody
orders can be rectified and modified. The first is when a parent has violated a
court order while another one is when either one party or both parties has
changed circumstances that they have declared and admitted to which means that
they are unable to take care of their child.
How
does the process of child custody modification begin or work?
One party or parent must file a motion with the
courts that handles family court cases but they must also bring the evidence
that proves their claim and backs up their motion. They have to have the
evidence that their child is not being taken care of in the custody of the
other parent. This is the first step of modifying child custody court orders.
The other party must also be given appropriate notice of the motion as well
before it is filed. This gives them the opportunity to gather their appropriate
evidence and rebuttals, which is only fair. Be wary though that the other party
can accuse the motion filer that they are in contempt of court for violating their
previous court agreement. This means they can then use that excuse as their
evidence for their defence.
However, if there is no violation of any court
orders and circumstances have simply changed then their does not need to be so
much fanfare and explosive drama. It must be proved that these changing
circumstances will undoubtedly affect the child in an adverse way and that they
will be better off with the other parent in that particular situation. This is
usually a much calmer situation for those involved.
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