What happens when one parent wants to change custody after there is already an existing child custody order? I have received several inquiries on this topic recently, which is very common this time of year, since school resumes in a few weeks.
In these cases, the parent wanting the change has basically two options, depending on the circumstances of each particular case:
- If both parents agree that custody should be changed from parent A to parent B, the best solution is usually to pursue a child custody agreement. This process generally involves having an attorney draft a written agreement, which both parents then review. If it meets with everyone’s approval, the parents then sign it, and a hearing is scheduled to ask the Court to approve the agreement. An Order is issued, which incorporates the agreement into it and most importantly, makes it enforcible if either parent attempts to violate its terms.
- If the parents do not agree, then the non-custodial parent will need to file an action asking the Family Court to change custody of the child. Typically, the parent seeking custody must prove that there has been a significant or substantial change of circumstances since the parties were last before the Court on this issue. Next, the Court must determine if the change of custody is in the best interest of the child. As I have discussed previously on this blog, the Court takes many factors into consideration as part of its analysis, including the child’s preference.
Of course, as I noted above, child custody cases are very fact specific, and each case is different. If you are facing this situation, the best thing you can do for yourself and your child is to seek the advice of an experienced, qualified family law attorney who can help you analyze your case and determine what steps, if any, you should take.