Getting to a finalized, concrete custody agreement can be an arduous process. It often involves months of back-and-forth between parties, lengthy legal proceedings, and emotionally-charged disputes or arguments when parents don’t see eye-to-eye. Once the dust finally settles, the family law courts hope that the established plan promotes the health, well-being, and interests of the child as well as the parents.
The courts are often successful, but there are times when the established plan quickly fails to work for one or both parents. In these instances, pursuing a modification could help get things back into place, provided a few factors are in play.
Factors That Determine Whether There Are Grounds for a Modification
One big factor is whether you and ex are on the same page or not. If both parents see valid reasons to change the existing custody agreements and agree on the specifics, they can simply request the changes via the family law courts. After submitted via a formal application, most requests are approved provided they are aligned with the child’s best interests.
When both parents don’t agree and/or are unwilling to work together, the parent who is requesting the modification has to make an appeal to the family law courts. There must be valid reason for a change, which can include:
- When there are signs or evidence of child abuse
- When there are signs or evidence of drug abuse in either household
- When a parent is behaving erratically or placing the child in any danger
- When a parent is struggling financially and may be unable to provide for the child’s needs
- Instances where a parent fails to show up for arranged visitation/custody appointments
Thus, while a modification of your custody agreement is possible when the ex refuses to work with you, the circumstances have to be significant and the bar to get these changes approved can be very difficult to meet.
Our Experienced Attorneys Help You Make Your Case to the Family Law Courts
Our experienced team of family law attorneys at R & S Law Group, LLP have decades of combined experience working with all matter of custody and family law issues in CA. We can help you formulate an effective strategy to help get the modification that you, your child, and your family deserves.
Learn more about how we can help. Schedule a free consultation with our team of legal experts by calling us at (949) 825-5245.