As children grow up, their needs change and parents’ schedules may change. This can make it difficult for courts to determine custody. It is important for parents to understand their rights in order to ensure the best possible outcome.
A child custody case can be resolved through mediation or a hearing before a judge. Often, the parties are able to come to an agreement. However, if they cannot reach an agreement, the court will make a decision on custody.
In determining whether custody should be changed, the court will consider many factors including the best interest of the child. It will also consider the physical, emotional and financial needs of each parent.
Generally, a joint custody arrangement will be ordered. In this type of custody, both parents have equal rights and responsibilities in raising the child. They also share decision-making rights, residential custody and parenting time (visitation rights).
There are numerous reasons that child custody orders may need to be modified. Some common ones include changing schools, living arrangements or jobs.
When a change in circumstances warrants modification, the first step is to file a motion to modify the original custody order. This motion must include details about the change, the modifications sought and why they are in the child’s best interest.
If the court agrees to a modification, it will then set a hearing date and time for the judge to hear both parties. During the hearing, each parent will be given an opportunity to present evidence as to why they believe the modification is in the best interest of the child.
In some cases, a change in circumstances is so significant that it requires the court to decide on a different custody plan. For example, if one parent moves a great distance away, the court will need to determine whether that is in the child’s best interest. It will also consider how the child will be cared for when it is in the new home and if the current visitation schedule is reasonable.
During the hearing, each party will be allowed to present evidence to the judge, which may include testimony from teachers or other family members. In addition, a parent will have the opportunity to cross-examine witnesses.
The judge will then consider all of the evidence and decide whether or not to modify the original custody order. This process can be time-consuming and frustrating for both parties.
A person who wants to pursue a modification should keep a close watch on their situation and provide the court with objective information as quickly as possible. This is so the court can take action to remedy the problem and prevent it from recurring.
If a parent is found to be unfit by the court, the child’s welfare will be impacted. In some cases, the court can terminate parental rights and place the child in foster care. Other times, the child can be placed with a relative or adoptive parent. In either case, the child’s safety is always the underlying concern for both the government and the parent who has lost custody of the child.
When it comes to child custody cases, hiring a divorce and family attorney is a decision that can significantly impact the outcome of the case. They possess the legal knowledge, negotiation skills, and objectivity necessary to guide you through the complex legal process while ensuring the best interests of the child are protected. By enlisting their services, you can have peace of mind knowing that you have a dedicated advocate working tirelessly to secure the best possible outcome for you and your child.