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Modifying Your Child Custody Order

By Mary Stearns-Montgomery | May 10, 2011 | Child Custody
 

Determining a child custody arrangement is often the most emotionally difficult part of a divorce. The court will order a custody arrangement based on the best interest for the child involved. So what are your options if you did not receive physical custody of your child and want to modify the custody arrangement? Here are some tips to modifying child custody orders.

  • Proving a substantial change in circumstances adversely affecting the child is necessary: Be aware that modifying a child custody order is not an easy process. It is tall order to prove to the court that there is a substantial change in circumstances adversely affecting the child.
  • Court does not have to grant you the modification: The court will ultimately want to keep stability and normalcy in the child’s life and has the right to deny the modification if they do not see adequate reason to remove the child from their current home.
  • Children 14 and older: Children 14 years and older may state their desire for a change of custody and typically a court will honor that request, however there may still be a few hurdles to overcome in trying to prove to the court that the change is in the best interest for the minor.

It is important to speak with a family lawyer when considering modifying your child custody to fully understand your rights and how to handle the process to ensure you get the best outcome.

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