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CHILD CUSTODY MODIFICATIONS
If you are considering a Child Custody change, the attorney’s first question will be “why” you are seeking a change in custody. The answer must be significant in order to show the family law judge there has been a change in circumstances since the previous order was made. Valid reasons for a change are not “he’s not a good parent” or “I don’t like his girlfriend”. The bottom line is that the change must be in the best interest of the children. With that being said, a better reason for a child visitation or custody modification might be “the girlfriend who lives with my ex is disciplining my children using corporal punishment”. A modification may be necessary when it would serve to be in the child’s best interest. However, there is a second element to be established. This being a “change in circumstances”. For example, supposing your divorce was highly contested and both parents wanted the majority of time with the children, causing the need for a child custody & visitation trial. Witnesses testified, evidence was brought into court and the judge made a decision. You were unhappy with the decision, and feel the need to go back to court and try again. Unfortunately, this is not a change in circumstances. In fact, nothing has changed and your request for a modification will most likely be a waste of the courts time and costly to you. Especially if you were to find an attorney that would even go back to court on an issue previously ruled on. If you think there has been a change that has a negative impact on your child, contact our divorce law firm to discuss how we can assist in your modification of child visitation.