For most parents, one of the most difficult parts of a divorce is not the distribution of assets or determining whether or not alimony is necessary. Instead, you’ll find that many parents struggle with the change in custody. When parents divorce, the court will often try to give both parents time with the child. Once custody is established, it can be difficult to change. However, there are circumstances under which a custody modification can be ordered, so it’s in your best interest to keep reading to learn more about your options and the importance of working with a Monroe, Louisiana family law attorney to help you navigate these matters in the fight for the best possible outcome for your family.
When Will the Court Order a Custody Modification?
If you wish to seek a modification of your current custody order, it is critical to understand the grounds on which this change can be granted by the courts. In general, you’ll find that the courts will not change a custody arrangement unless a substantial change has occurred that warrants a modification.
As such, some of the most common reasons that a change can be granted include, but are not limited to, the following:
- One parent moving, especially long-distance or out of state
- One parent’s job duties and schedule are changing
- The child has new educational or medical needs
- There are allegations of neglect or abuse
- A parent is no longer able to provide a safe and stable home for the child
You should also note that when determining whether or not a change is warranted, the court will still adhere to the child’s best interest standard. This helps to ensure that the child’s needs and well-being are still prioritized.
What Steps Should I Take if I Want to Change the Arrangement?
In the event you want to seek a change in custody, it’s critical to understand the steps you must take during this process. If possible, you should attempt to work out an arrangement with your spouse. However, if you cannot reach an agreement, you must go to court to have a judge issue a decision on the outcome of this matter.
Generally, the first thing you must do is file a “Rule to Modify Custody” form through the court. Typically, you will file either in the parish where you currently reside or the parish that issued the previous custody arrangement. Once filed, you must then have your spouse served with a copy of the papers, which will have information regarding a court hearing. At the hearing, you and your spouse will have the opportunity to present your cases. If the judge agrees that a modification is necessary, they will issue a new order.
As you can see, navigating the family law system can be incredibly difficult. That is why it’s in your best interest to work with an experienced attorney with Breithaupt, DuBos, & Wolleson, LLC. Our team will do everything in our power to help you fight for the best possible outcome for you and your child. Do not hesitate to contact us to learn how we can assist you.