In life, things are constantly in motion – constantly changing. Child custody agreements are no exception to this rule. You and your ex-partner may have established an acceptable agreement shortly after your divorce; however, as your child has aged and other circumstances have changed, the current agreement is no longer acceptable or convenient for the child, you or everyone involved. Changing the order becomes appropriate in this scenario.

When Everyone Is in Agreement

When both you and your ex are in agreement that a custody change is necessary the process is simple. Generally, both you and the other parent will visit your personal attorneys to discuss the terms. Each attorney then drafts up a new agreement and presents it to the court. It's important to mention that, depending on local law, the child may also be required to present documentation in favor of the change, as courts work hard not to force children to alter their living arrangements.

Once the documentation has been reviewed, the judge approves the new agreement and the new order becomes effective immediately. In this type of scenario, the parameters by which an agreement can be changed are much laxer. The reason for the change doesn't matter much, provided everyone is on the same page.

When Everyone Is Not in Agreement

When all parties aren't in agreement, the petitioner or parent requesting the change will work with an attorney to file a change motion with the court. Once processed, a hearing date is set. During the hearing, the petitioner must submit their reasoning for the change along with any supporting documentation. Take a parent with weekend custody who's recently embarked on a career change requiring them to work every weekend and they are looking for shared custody during the week as a result, for example.

A statement as to why the career change was necessary and any documentation proving the new work schedule would serve as evidence. Even with evidence, more often than not, a change is not decided on immediately. A judge will generally review the claim of the petitioner and take statements from all parties involved before rendering a decision. Generally, only those cases that involve abuse will receive an immediate decision. Should the judge not agree with the reasoning, the change request can be denied.

Making a change to a child custody agreement is a major step and should not be taken lightly as it can have a significant effect on the life of the child. If you're considering this option, speak with an attorney like those at Madison Law Firm PLLC.