Custody arrangements are often the most challenging aspect when couples decide to separate. Whether you work with the other parent or the courts determine custody arrangements, knowing those arrangements aren’t set in stone is essential. When the arrangements aren’t working for one or both parents or the child, it may be time to review them.
We all know life changes, so it’s essential to consider child custody modifications when necessary to ensure that the child custody agreement continues to provide stability for the child. This article will discuss common reasons for reviewing a custody agreement, how often it should be reviewed, and what you should consider during the review.
What is a Child Custody Agreement?
A child custody agreement is a legal document that outlines the terms and conditions for the care and upbringing of a child following the separation or divorce of their parents. This agreement addresses critical aspects such as:
- How much time each parent will spend with the child
- How much each parent will be involved in making important decisions about the child
- Which parent the child will live with that will make the daily decisions and provide day-to-day care for the child
- Who will be responsible for making educational and medical decisions for the child
- Creating a visitation schedule to ensure the non-custodial parent continues their relationship with the child
- Child support
Reasons to Review Your Child Custody Arrangement
There are various reasons why a child custody arrangement may need to be reviewed or modified. Keep in mind that if the arrangements are through a court order, you will have to petition the court to make any modifications.
The Original Agreement Isn’t Being Followed
When the initial custody agreement is finalized, both parents are expected to follow it. A modification may be necessary if one or both parents stop following their part of the agreement, even if the modification is that the courts make the responsibilities in the original agreement more enforceable.
Relocation of a Parent
Custody is much easier when parents are close geographically. However, if one of the parents moves a substantial distance away, the custody arrangements must be modified. Typically, both parents want to be part of the decision-making process for their children. While this may be resolved by email, phone, or video calls, all changes must be part of the new agreement.
The Child’s Needs Have Changed
Child custody arrangements are typically made to address the welfare of minor children (children under 18). The child’s needs will change as they get older, and those needs will need to be part of a custody modification.
Whether their financial needs increase or they decide to live with their other parent, all of these needs should be addressed. Another common reason parents may need a custody review is that the child becomes disabled or develops a major health issue, which will require new decisions to be made regarding their care.
Abuse or Neglect
If abuse or neglect is taking place, the primary parent may be required to relinquish physical custody. If the abuse is on the part of the secondary parent, visitation rights would need to be revised.
Change in Other Circumstances
Other circumstances that may warrant a review of your child custody arrangement include a parent getting remarried, a parent’s change in employment, a change in the ability to provide financially for the child, alimony, and the ability to stick to a visitation schedule. This list does not contain all the possible circumstances that warrant reviewing your child custody arrangements. If you experience any other circumstances requiring a review, contact an experienced child custody lawyer for guidance.
How Often You Should Review Your Child Custody Arrangement
There isn’t a universal answer to this question. There are a few guidelines you can refer to that can help determine when you should review your custody agreement.
- Annual reviews can help determine if any significant changes warrant a modification.
- Major life events, such as you or the co-parent getting married or relocating for a job, may require a custody review.
- Your child’s needs change as they grow, meaning their preferences may change. When this happens, addressing custody arrangements at that time is crucial.
- Disputes between you and your co-parent about custody arrangements could be resolved by reviewing your agreement.
What You Should Consider When Reviewing Your Child Custody Arrangement
Reviewing your child custody arrangements, here are some things you should consider before finalizing a modification.
- Your child’s well-being should be at the forefront of all suggested modifications. Your new agreement should meet your child’s physical, educational, and emotional needs.
- Determine if your co-parenting relationship is effective and if both parents follow the current agreement.
- Consult a family law attorney to determine if any recent changes to the law could affect your agreement.
- Ensure the agreement provides flexibility and accommodates unforeseen circumstances or schedule changes.
Let Attorney Hunter Fowler Help Review and Modify Your Child Custody Arrangements
A child custody agreement ensures your child’s best interests are met. By regularly reviewing the custody agreement and making any necessary modifications, you can ensure your family’s needs are met. Consulting with a qualified family law attorney ensures the agreement remains up-to-date and legally sound.
Attorney Hunter Fowler understands the complexities of custody agreements and is dedicated to providing personalized legal support to help you navigate any modifications or concerns. Our team is here to provide expert legal advice, advocate for your rights, and ensure your custody arrangement is fair and effective.
Contact us today to schedule a consultation.