A court considers a variety of factors when modifying a child custody order. The most important factor that the court considers is whether the change will be in the best interests of the child. If you want to change your order, you need to speak with a dedicated Leesburg child custody modification lawyer who can discuss your options regarding your custody situation.
The family law attorneys at Capital Family & Divorce Law Group can help you navigate the child custody modification process. We advocate for parents and can help you understand your options when seeking a modification of custody. Contact our team today to discuss your custody case.
Reasons for Requesting a Custody Modification
If a child custody agreement has been filed with the court, either parent can request a modification of the parenting plan. The parents can reach an agreement to modify the parenting plan, or if the parents are unable to agree, the parties can present their case to the judge. The court will hear both parties’ arguments and determine if a modification is in the best interests of the children involved.
When a court is tasked with making a modification determination, the judge will keep at the forefront of their decision the best interests of the child. The party wanting the modification must show the court that there has been a material change in circumstances since the date of the last Order that warrants a change in custody or visitation.
Examples of changes in circumstances include a relocation of either parent, changes in marital status, new siblings, or substance abuse issues. The older and more mature a child becomes, the more weight the child’s preference may have on the Court. Changes in the child’s needs, such as changes in educational requirements or extracurricular activity participation, may require a review of the custody plan. Another instance when the court may determine a substantial change in circumstances exists is if one parent is interfering with the other parent’s visitation. When a parent is considering requesting a modification of a parenting plan, it is important to discuss the situation with a knowledgeable Leesburg lawyer.
Filing a Motion with the Court
When a parent decides it is time to modify a child custody order, the parent wanting to modify the parenting plan must file a Motion or Petition to Amend or Review Order with the court. The motion for modification must outline the specific reasons for the request to change custody. The motion must also address what has changed since the original order was filed, specifically outlining the material change in circumstances that has occurred since the previous order was entered. The motion should detail how the child custody modification is in the best interests of the child and how it will benefit the child.
A specific plan of how custody will change must also be provided to the court with the initial motion. After a motion has been drafted, it must be served upon the other parent and will be filed in the case where the original custody determination was filed. When a parent is considering filing for a change in their custody plan, speaking with a knowledgeable attorney in Leesburg can ensure that all necessary elements are included in the motion requesting the change.
A Leesburg Child Custody Modification Attorney Can Help
If you are considering filing for a modification of child custody, you need to speak with an experienced Leesburg child custody modification lawyer before you file any documents. An attorney can help guide you through the legal process and ensure that all necessary documents are filed.
At Capital Family & Divorce Law Group, we understand that circumstances may exist that require custody plans to be modified. When a child custody change is needed, we are here to help guide you through the modification process. Contact our team today to discuss your options.
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