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Child custody issues are decided during the breakdown of a marriage. Once the court issues a child custody agreement, it cannot be changed without a judge’s permission. The procedure for modifying the order depends on whether the change is contested or mutually agreed between the ex-partners.

If you or your co-parent wishes to change an existing order, speak with a New Canaan child custody modification lawyer. Our experienced child custody attorneys will listen carefully to your custody goals and help you pursue a strategy to meet them.

Modification When Co-Parents Agree to the Change

Changes in a parent’s work schedule or a child’s interests or activities might require modifying a custody order. In many cases, parents agree that a change would be beneficial and can work out a new schedule together. Parents might also meet with a mediator to develop a new parenting plan.

When parents have created a new plan that satisfies them both, a legal professional can incorporate the changes into a revised parenting plan and submit it to the court for approval.

The judge will review the proposed changes to determine whether they support the children’s best interests. If so, the judge will approve the modification and incorporate the change into an enforceable order. If the judge questions whether the modification benefits the children, the court might hold a hearing where the parents can explain their positions.

What Happens When a Modification is Contested?

One parent may want a modification, while the other objects. When the ex-partners are at odds over a change, the parent seeking it must file a request for modification with the court. A parent who wants to modify a custody order must demonstrate that there has been a substantial change in circumstances since the original order was issued.

A child custody modification attorney in New Canaan could determine whether a parent has grounds to request a change. The following situations might merit a custody order modification:

  • Serious accident or illness affecting a parent or a child
  • A parent develops a substance abuse problem or mental health challenge that impacts their ability to parent safely
  • Either parent’s remarriage or involvement with someone the other parent perceives as an inappropriate caretaker for the children
  • An older teenager’s decision to live with the other parent
  • Changes in a child’s educational needs
  • Changes in a parent’s work schedule
  • A parent’s desire to relocate

A Connecticut judge does not necessarily approve a modification once the requesting parent establishes a substantial change in circumstances. The judge must consider several other factors.

Judges Decide Based on Children’s Best Interests

Connecticut General Statutes § 46b-56 requires that the children’s best interests govern all decisions concerning custody issues. When the judge accepts that a substantial change in circumstances has occurred, the court will not issue a modification unless it serves the children.

Judges strive to make decisions that support stability and continuity for the children and allow them to have meaningful relationships with both parents.

A custody lawyer in New Canaan knows how judges analyze the children’s best interests. They can provide evidence to support a parent’s stance on a custody modification request, showing how the proposed change might affect the children.

Consult a New Canaan Attorney About Modifying a Child Custody Order

Changes to custody orders are often necessary as children grow up and parents move on with their lives. The process is relatively straightforward when the ex-partners agree on a modification, but it can get complicated if they do not.

In either case, the judge must approve a modification request. You will need the services of a New Canaan child custody modification lawyer, and our attorneys have extensive experience in these matters. Reach out today to get started.

Connecticut Family Lawyer | CT Family Law | Dolan Family Attorneys N/a