Courts evaluate child custody issues very carefully. Whether the parents submitted a joint parenting plan or the judge was forced to decide a child custody dispute, they try to ensure their custody orders best serve the wellbeing of the children.
Sometimes, custody orders no longer suit the parents’ or children’s current circumstances. In that case, it is wise to consult a skilled child custody attorney about changing the order.
Courts will not modify a custody order without sufficient justification for the change. A Fairfield child custody modification lawyer can help you prepare a persuasive case for or against changing a custody order.
Some states require that a custody order be in place for a minimum amount of time before parents can request a modification. Connecticut does not restrict parents in this way. However, the state recognizes that stability is essential to a child’s development and does not grant custody modifications lightly.
When parents agree on the need for a modification, they can work to create an amendment to their parenting plan. They would submit the agreed modification to the court for approval. The court will incorporate the modification into the parenting plan if the judge agrees it supports the children’s best interests.
When parents do not agree on the modification, the parent seeking the change must petition the court and serve the co-parent. The court will hold a hearing where both parents can present their case. The judge will approve a contested modification only when the parent seeking the change can prove that current circumstances represent a substantial change from the time when the existing orders were decided, and that changing the parenting plan serves the children’s best interests. A Fairfield attorney can evaluate whether a parent has a strong basis for seeking a change to a custody order.
Case law in Connecticut establishes that judges should grant contested modifications in custody orders only when the requesting parent can demonstrate that a significant change has occurred. Changes that could justify a custody modification include the following:
A judge may consider whether the change could have been anticipated when the original order was issued and if so, might deny the modification request.
Connecticut General Statutes § 46b-56(c) requires judges to make all decisions concerning children based on their best interests. The law describes multiple factors a judge may consider when evaluating best interests, but the judge can consider anything they believe relevant and give all factors whatever weight they choose. A judge will only approve a custody modification when the parent proves that it serves the children’s wellbeing.
Parents sometimes want to relocate and bring the children with them. They may be pursuing a relationship with a partner in another city, interested in a job opportunity, or want to be closer to extended family. When a relocation does not substantially increase the distance between the parents’ homes, seeking the court’s approval is unnecessary. When a relocation would disrupt the current parenting plan, the court must approve a modification.
If parents agree that the custodial parent may move away with the children, or that the other parent should take over as the custodial parent, they can work with a Fairfield lawyer to amend the plan and submit it to the court. The judge will consider the amendment and will approve it if they believe it serves the children’s best interests.
When parents disagree on relocation, the parent who wants to move must submit a petition for modification with the court. The court will hold a hearing, and both parents can present their case for or against relocation. The judge could approve the petition, deny it, or modify it differently than the petitioning parent requested. If the judge denies a parent’s request to relocate with the children, the parent may still move, but could not bring the children to their new location.
There is nothing more important than your relationship with your children. Your custody agreement defines how much time you get to spend with them. Any change, whether desired or not, will have an impact.
Parents can seek modification of a custody order at any time, but they must have a good reason for doing so. A Fairfield child custody modification lawyer can help a parent make the case that a modification is justified or not. Reach out today.
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