The Role Of A Parental Custody Lawyer In Modifying Custody Orders

Parental custody arrangements are crucial in determining how children will spend time with each parent after a divorce or separation.

However, life circumstances often change, which can make the original custody arrangement no longer suitable for the child's best interests. This is where a parental custody lawyers plays a key role in helping parents modify custody orders.

Understanding Custody Modification

A custody order outlines how custody and visitation will be handled, but it's not always permanent. Over time, situations can change a parent may experience a significant life event, like a job relocation, a health crisis, or even a change in financial stability, all of which could impact their ability to fulfill their role in the custody arrangement. 

In such cases, a modification to the custody order might be necessary. The process of modifying a custody order typically requires proving to the court that there has been a "substantial change in circumstances" since the original order was made.

Courts are generally reluctant to change custody orders without a valid reason, as they aim to maintain stability for the child. Therefore, having a knowledgeable parental custody lawyer can be essential in navigating this complex process.

What Does a Parental Custody Lawyer Do?

A parental custody lawyer provides legal representation and guidance to parents seeking a modification to their existing custody order.

Their primary role involves advocating for their client's interests while ensuring that any modification serves the child's best interests, which is the court's primary concern. Here are the key roles a custody lawyer plays in this process:

1. Assessing the Need for Modification

A custody lawyer begins by evaluating the current custody arrangement to determine whether a modification is appropriate. They will listen to their client's concerns and assess whether there has been a significant change in circumstances, such as:

• A parent's relocation to a different city or state

• A parent's inability to care for the child due to health issues or a change in financial stability

• The child's preference or emotional needs

• Abuse or neglect allegations, which may involve child welfare concerns

The lawyer will help determine whether the modification request meets the legal criteria and if it's likely to succeed in court.

2. Gathering Evidence

Once the need for modification is established, the lawyer will work to gather evidence that supports the request. This evidence could include things like medical records, financial documents, expert testimony, or witness statements.

For example, if one parent is requesting primary custody because the other parent is no longer able to provide a stable environment due to a job loss or mental health issues, the lawyer may collect documents related to those changes.

In cases involving allegations of abuse or neglect, the lawyer may seek to introduce reports from child protective services or testimony from mental health professionals.

3. Negotiating with the Other Parent

Before taking the matter to court, a parental custody lawyer will often attempt to negotiate a solution outside of litigation. This could involve mediation or direct negotiation with the other parent to come to an agreement on the proposed modification.

Many cases are resolved without the need for a judge's intervention, which is often in the best interest of the child, as it avoids further emotional strain from courtroom battles.

The lawyer will negotiate in a way that prioritizes the child's welfare while still advocating for their client's goals. If both parents can come to an agreement, the lawyer will draft a new custody arrangement for the court's approval.

4. Representing the Client in Court

If negotiations are unsuccessful and the matter proceeds to court, a parental custody lawyer from Eckert Legal will represent their client during hearings. They will present the evidence that supports the requested modification and argue the case in front of a judge.

The lawyer will need to demonstrate that the change in circumstances is significant enough to warrant a modification and that the proposed change is in the child's best interests.

5. Ensuring Compliance with the New Order

Once the court has ruled on the modification, a parental custody lawyer may help ensure that the other parent complies with the new custody order.

If there are violations of the order, the lawyer can assist with enforcement, including filing contempt motions or seeking enforcement through the court system.

Conclusion

Modifying a custody order is a complicated legal process that requires careful consideration and expert representation. A parental custody lawyer plays an essential role in ensuring that any change to the custody arrangement is in the best interests of the child while protecting their client's parental rights.