Modification of Child Custody

May 15, 2019 RAWAT 0 Comments


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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