Legally Changing A Joint Child Custody Agreement

Law Blog

The most emotional thing about going through a divorce is when there are children involved with the situation. Many couples actually agree to stay in the relationship for the sake of the kids, as growing up with a single parent can be difficult. If you decided to end your marriage and joint child custody was given to you and your spouse, it doesn't mean that the agreement has to be permanent. You can legally change the custody agreement if you go to court and explain to a judge why you believe it is in the best interest of the children. Browse the content below for a general explanation of how a child custody attorney like Kenneth J. Molnar can assist you.

Determine if Your Claim is Strong

Explaining to an attorney why you believe your ex-spouse doesn't deserve a joint child custody agreement is the first step towards getting it changed. Did he or she do anything after the divorce that caused you to become bitter, such as flaunt around another man or woman? If so, you must understand that bitterness isn't a good enough reason to take away a parent's right to spend time with their children. A good reason to change a joint custody agreement is if a parent is found to be abusive, negligent, or can't provide a safe environment for the children to live in. An attorney will let you know if your claim about your ex-spouse is strong enough to move forward and be successful in court.

Discuss Custody Options

Are you attempting to obtain sole custody of your children and prevent your ex-spouse from having visitation rights? No matter how bad you believe your ex-spouse might be, it might not be a good idea to attempt cutting off all contact that he or she has with the children. In some cases, supervised visitation is the best way to handle a bad situation, as children usually want to enjoy time with both parents. Depending on your reason for wanting the joint custody agreement changed, an attorney will assist with choosing the best custody arrangement. Sole custody is only likely to be granted by a judge if the situation with your ex-spouse puts your children's lives in danger.

Prepare Your Case for Court

How your case is presented in court will play a big role in the outcome, as well as the type of evidence that you have. An attorney might investigate your ex-spouse to gather evidence of the things you claim makes him or her an unfit parent. The attorney will also fill out all of the necessary documents and give you an overview of what you should expect during the process. You might not have to speak in court, as the attorney can do the talking unless the judge or other party's attorney has questions for you.


18 September 2018