Custody orders can be modified by filing a custody change form or petition with the court. The person requesting the change must prove justification and that it’s in the child’s best interest. Negotiation with the other party may be a better option.
In most cases, custodial orders aren’t set in stone, and each of the parts of a custodial order can request a modification. Typically, a person who wishes to change a custody order files a custody change form or petition with the court having jurisdiction in his or her jurisdiction. The custody change form or petition usually needs to include details about why the person is requesting the change. Once a person has requested a change of custody, the change is not automatic. Usually, he has to prove to the court that there is justification for the change.
Judges are unlikely to change custody orders for trivial reasons. For example, a judge is unlikely to order a custody change simply because one parent doesn’t like the custody order or is angry with the other parent. In some places, a person who wants to apply for a change of custody must demonstrate that the proposed change is in the best interests of the child in question. If the change is only in the best interests of one parent, the change may not be granted. In fact, a judge can dismiss the change request without trial if there is no solid legal basis for the request.
If a court determines that there is a compelling reason to hear a custody change request, the opponent is usually given the opportunity to respond in a hearing or trial. Usually both parties are allowed to have legal representation to argue their points, although some people may go through remand proceedings. The person who has requested the change of custody usually has the burden of proving his case in court. Pending the court’s decision, both parties are usually expected to follow the current custody order.
Often people immediately think of going to court when they want to change custody. While a judge must order a custody order changed to make it valid, some people may get better results by negotiating with the other party. For example, if a person wants to change some details of a custody order and can get the other party to agree, a judge is more likely to grant the change. Additionally, parties may be able to change the order without having to appear for a trial. In some cases, they may be allowed simply to submit the agreed modification to the court.
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