Court orders and other formal types of child custody agreements are extremely important, but they aren’t necessarily the final word on the matter. There are ways to regain custody of your child after a judge has ruled otherwise, but it’s not as simple as filing a petition with the court. Specific procedures must be followed if you hope to change the arrangement.
Courts acknowledge that circumstances change over time, and in order to support a request for a change to custody, this is exactly what you need to demonstrate. As the parent seeking the modification, you must show that there have been substantial changes in the circumstances that led to the initial custody arrangement, and you must also show that a change of custody is in the child’s best interest. These are not easy things to prove, and courts aren’t eager to move children from parent-to-parent. Essentially, you need to convince the judge that leaving the custody arrangement in place will provide less stability than a modification.
Courts will consider the following factors in determining the best interest of the child:
- the wishes of the child’s parent or parents
- the age and sex of the child
- the wishes of the child, with more consideration given to this factor if the child is at least 14
- the interaction and interrelationship of the child with the child’s parents, siblings and other people who affect the child’s best interests
- the child’s adjustment to the child’s home, school and community
- the mental and physical health of all individuals involved
- evidence of a pattern of domestic or family violence by either parent
If you are interested in spending more time with your children, please call the Marc Lopez Law Firm to discuss your options. We’ll start by sitting down with you and listening to your needs. Next, we’ll make sure you fully understand how each decision you make can affect your family. We’ll provide you with a clear, realistic assessment of your case, as well as the potential outcomes. Ultimately, you’ll see for yourself that the attorneys at the Marc Lopez Law Firm work diligently to achieve all their clients’ goals. Contact Attorney Anthony Benitez at (317) 456-7942 for a Free Consultation.
