Can A Child Custody Agreement Be Modified?

During the divorce process, parents are often more concerned about their own interests than they are about the interests of their children. Many times, hurtful things can be done and said. Fortunately for the children, it is the job of the court to look after their best interests. A court must approve any child custody agreement, and can compel a couple to modify the agreement if the court believes that the agreement is not in the best interests of the child. In addition, there are situations in which a child custody agreement can be modified after the fact.

Sometimes, a child custody agreement may be modified because the parents’ situations have changed. It may be, for example, that a parent that has primary custody is changing jobs or moving, and it will become more difficult for that parent to care for the child a majority of the time. On the other hand, it may be that one parent gets married, and has therefore access to more resources, in terms of caring for the child, than the other parent has. When these sorts of changes occur, parents often will agree that their child custody agreement needs to be modified. They can then, working through their attorneys, come up with a modified child custody agreement to present to the court for approval.

In other cases, it may be that a custodial parent develops a problem that makes it necessary or preferable for the court to modify the child custody agreement. For example, if a custodial parent is convicted of a felony and put into prison, they will obviously be unable to care for their child or children. If a parent develops another problem, such as a problem with drugs or alcohol, it is also possible that the court would intervene and modify the child custody agreement. Generally speaking, however, the situation has to be rather extreme for the court to initiate a change in the child custody agreement.

To find out the process to modify a child custody agreement in your state, you should speak with an attorney who is experienced in child custody law.

Posted in Child Custody