Rochester Child Custody Modification Lawyer

Divorces and separations are often challenging and can be very emotional, particularly when the family has children. Trying to reach a custody arrangement that is suitable for both parents can take a great deal of effort. However, even after you have reached a parenting agreement regarding where your child/ren will live, situations can change.

You may wonder if you can alter the terms of your existing custody agreement to better suit your needs. A skilled Rochester child custody modification lawyer can meet with you to answer your questions and explain your legal rights and options.

Legal Grounds for Pursuing a Modification of a Custody Arrangement

Courts will not change an existing Court Order regarding custody unless a parent can demonstrate that a modification would be in the child/ren’s best interest and that a substantial change in circumstances has occurred.

Legally acceptable changes of circumstances may include:

• Relocation wishes, where one parent wants to move, either with or without the child/ren;
• A substantial change in work schedule or job loss;
• Domestic violence, neglect, or abuse;
• Serious illness;
• Mental health issues of a parent, including drug or alcohol issues;
• Alienation, where one parent has tried to alienate the child/ren from the other parent;
• Incarceration of one of the parents; or
• Mature child/ren over the age of 12 can express their interests in changing the existing custody agreement so they can spend more time with one parent.

An experienced Rochester attorney can help you demonstrate how a substantial change in your family’s circumstances merits a modification of the existing custody agreement.

Reasons Why a Parent Should Pursue a Modification of Custody in Court

Sometimes, parents have a relatively amicable separation. They get along so well that they even help each other out by occasionally modifying their custody arrangement in an informal manner. For instance, if one parent needs to stay later at work, the other parent may agree to take the child/ren to their home even though it is not technically their day. Or, one parent may ask to have the child/ren come to their house an additional night each week because they have family visiting.

This kind of spontaneous verbal compromising is great in theory, but it can become problematic if the relationship between the parents suddenly worsens or one parent changes their mind and wants to go back to the old arrangement. People who have agreed to an informal modification of their child custody arrangement have no right to keep that new arrangement because it is not legally binding.

If a parent wants to ensure they obtain a legally enforceable new custody situation, they need to obtain a formal Court Order mandating a modification of the existing custody arrangement. A seasoned Rochester attorney can skillfully guide a parent through the legal process in pursuit of a custody modification that better suits their family’s needs.

Call a Rochester Child Custody Modification Attorney Today

Family situations can change. If you believe your custody arrangement no longer works for your family, you may be able to pursue a modification. Our dedicated legal team at The Colwell Law Group, LLC has successfully helped families facing similar situations to yours. We can use our experience and skills to help you work toward a resolution that meets your needs and is in the best interests of your child/ren.

Call us to set up a complimentary consultation with a Rochester child custody modification lawyer today.