Life changes. Especially following a divorce.
WHEN IT DOES, YOU MAY NEED TO PURSUE CHILD CUSTODY OR VISITATION MODIFICATION.
At Lovelace Law, P.C., we help you protect the time you spend with your child. When circumstances change, either for you or the child’s other parent, visitation and custody orders often need to be revisited. We help handle cases involving parents dealing with relocations, active military service, remarriage, and more.
How to Modify Your Custody or Visitation Schedule
There are two ways you can update your child custody or visitation schedule. The easiest way is if you and the child’s other parent can cooperate together to create a new, mutually agreed-upon plan. However, if the child’s other parent does not agree to your requested changes, you can take your request to court.
- Courts usually accept new modification cases that are mutually agreed upon by the two parents and are filed with the court. This is the easiest and quickest way to seek modifications. Our attorneys can offer legal guidance and review your modification case before you file, to make sure your rights are being protected.
- If you are seeking modifications, but the child’s other parent will not agree to changes, you will need to take your case before a judge. In this case, you also file a custody or visitation modification case as the sole petitioner. Typically, a hearing follows, where both you and the other parent can present your situation to a family court judge who will make a ruling. Our attorneys can help you both prepare your case ahead of time and represent you and your needs during the hearing. Seeking legal representation can be extremely beneficial to your case. During hearings like these, which can become emotionally charged, our attorneys will be able to defend your position logically and strategically. We can draw from years of experience speaking with judges and other legal professionals to communicate and persuade effectively.
Our skilled family lawyers handle post-decree modifications based on factors such as:
- Job loss, demotion, or promotion
- Parental relocation due to business or military transfer
- Parental relocation due to specialized health care available only in another state
- A child’s residence becomes unsafe
Most attempts at modification have to do with access to the child. Typically, petitioners seek more frequent access to their child. It’s important with modification proceedings that you have documentation illustrating the change in circumstance that is leading you to seek modifications. You should be able to clearly state how the modification you’re seeking will benefit your child and improve your ability to provide care.
Examples of documentation could include:
- A journal with notes and corresponding dates
- A report that shows actual time with your child compared to time laid out by the original custody agreement
- Proof of your child’s new weekly or monthly schedule that impacts your parenting schedule
- Evidence of your new job relocation or job change (or that of your former spouse) which impacts your parenting schedule
- Statements from older children about their own wishes
As a parent, protect your right to see your child and play an active role in their development. We can help you every step of the way when seeking modifications to your custody or visitation schedule.