When you first get divorced, you and your spouse probably come to an agreement about who will have custody of your child. But things don’t always stay the same forever. Circumstances change, and it’s not uncommon for parents to need a custody modification at some point down the road. You might need to modify your custody agreement if something unexpected happens and it affects your ability to parent or meet your child’s needs in some way. If you need to modify the custody agreement but aren’t sure how to go about doing that, this blog post will help. Keep reading to learn more about how you can win a custody modification case and what you should do in order to make sure that everything goes smoothly.
How To Win A Custody Modification Case
1. Get A Lawyer
You need to get a lawyer who can help you win custody modification. This is because it’s very difficult to win a custody modification case without the help of an experienced attorney. The judge will only consider your case if there’s a good chance that you’ll win. You’ll also have to be able to prove several things, like that your child has changed significantly since you last decided on custody, and that your ex owes you money in child support (more on this below). If you don’t have any money to hire an attorney, don’t worry. There are lots of different ways for people who can’t afford one to get legal representation, and we have the resources here at Divorce Lawyer Los Angeles to help guide you through the process.
2. File For Divorce
If you and your spouse haven’t already done so, file for divorce in order to initiate the custody modification process. Your ex-spouse will probably contest the divorce and request that you get a divorce lawyer. If you don’t get a divorce lawyer, your ex-spouse might take your case to court, where it could be decided on the spot. You don’t want to find out about this in front of a judge!
3. Know And Document Your Child’s Needs
You need to do some soul-searching about what you want for your family, and then document the specific things that are important to you in order for them to be considered by the court when it makes its custody decision. For example, if you want more time with your child, but aren’t sure how much of that time is needed, document what kind of time you think is appropriate for a child this age (e.g., 1 hour per day), and as much detail as possible (e.g., what kind of activities are taking place in that time period, and how much of the child’s daily routine is affected by it).
4. Get A Lawyer
You need to get a lawyer who can help you win custody modification. This is because it’s very difficult to win a custody modification case without the help of an experienced attorney. The judge will only consider your case if there’s a good chance that you’ll win. You’ll also have to be able to prove several things, like that your child has changed significantly since you last decided on custody, and that your ex-spouse owes you money in child support (more on this below). If you don’t have any money to hire an attorney, don’t worry. There are lots of different ways for people who can’t afford one to get legal representation, and we have the resources here at Divorce Lawyer Los Angeles to help guide you through the process.
5. Get A Temporary Custody Order
The judge will only make a custody decision if you’re able to prove that the other parent is unfit. Your lawyer will help you do this by showing the judge that your ex-spouse isn’t a good parent. For example, if you want your child to live with you full time, but your ex-spouse wants them to live with their family full time, and they don’t give you any reasons why they want that, then it might be enough evidence for the judge to rule in your favor (this is called “fault”).
Why Do You Need A Modification?
1. You Have A New Child
If your child was born after the divorce and you’re still living together, you may want to modify the custody agreement so that your spouse has custody of your new child. If this is the case, you should consult with a family law attorney about what you can do.
2. Your Spouse Has Changed His Or Her Mind About Custody
Sometimes, one spouse will change his or her mind about having custody of a child after the divorce has been finalized. This can happen because of a new relationship—for example, if an ex-spouse begins dating someone who is more suitable for having custody of their child than their current spouse—or because something happens in the couple’s life that changes their situation and they no longer feel as though they can continue to have joint custody of their child. In either case, it may be necessary to change custody arrangements so that your ex-spouse continues to have access to your child.
3. Your Child’s Needs Have Changed
Sometimes, children grow up and have new needs that their parents may not have anticipated when they created the original custody agreement. If you have a child who has changed her or his needs in any way, you might need to modify your custody arrangement so that your child can continue to receive the care and attention he or she needs. For example, if your child was born with a disability or is developmentally delayed, you may need to modify the custody agreement so that you can continue to make decisions about how your child is cared for and educated. In addition, if there are any other circumstances beyond your control that require modification of the original custody agreement (such as a change in family circumstances), it may be necessary to do so in order for everything to work out smoothly for everyone involved.
Make Sure You Meet The Requirements
- You and your spouse must have a written custody agreement. If you’re not sure if you have a written custody agreement, it’s possible that you don’t. If this is the case, then you should consult with an attorney to make sure that your agreement meets all of the requirements set forth by the law.
- You must be able to provide evidence of abuse or neglect by one or both parents when you request a modification of custody. The evidence can be in the form of police reports, medical records, or other documents that support your claim against your spouse.
- You must also provide evidence that both of you are fit to parent and meet your child’s health and safety needs. When deciding whether or not to grant you custody, the court will consider the best interest of your child as well as what is in the best interest of both parents involved in a case like yours.
- You should also provide evidence that you’re able to meet your child’s reasonable needs. If the court feels that you’re not currently able to meet those needs, then it will be in the best interest of your child to modify your custody agreement.
- Finally, you must be able to prove that you have a good relationship with your ex-spouse and that their custody arrangement is causing problems in some way.
Find An Attorney
- Find an attorney. The first step toward winning a custody modification case is finding an attorney. If you don’t have a lawyer, you can hire one online or through a referral service. You can also find one by asking friends and family members who are lawyers to recommend someone.
- Ask your lawyer to prepare a custody modification case plan with you. Once you’ve found an attorney, he will be able to help draft the custody modification case plan that will help you win your child support and child custody case in court.
- Prepare documents for your lawyer to review before filing the case in court. Your lawyer will review all of the documents that you have prepared for him to make sure that they are appropriate for your situation and that they accurately reflect what is going on between the parents in your child support and child custody case at this time. Your papers should include.
If you’re going through a custody modification and want to win, remember that it’s all about making sure that the court sees your side and understands why you need the modification. You want to make sure to focus on your own story and not get distracted by anything else that’s going on in court. And most importantly, you want to be sure to listen and not get too distracted by your own emotions. If you do this, you should be able to win a custody modification and secure the custody arrangement that’s best for you and your child.