Modifications of Child Custody

If you find that your child custody agreement is no longer working for you, you may need to consider a modification to the current agreement. Your child custody agreement is a legal court document which outlines the custody and visitation arrangements for the children. Due to that fact, if modifications are needed, then you must go through the legal system once again. The judge will review the case, determine the facts and render a decision with the best interest of the child in mind.

There may be many factors which precede a custody modification of the existing child custody and visitation agreement. Circumstances change, and the courts recognize that fact. Economic situations arise, re locations occur, and the wishes of the children may even change over the course of time. It is important to document the situation to effect an acceptable modification of child custody and visitation. A separate document will be needed if there is also a request to modify child support.

Oftentimes, one parent finds that they are doing most of the work in raising the children, while the other parent has slacked off from the original agreement. It is therefore extremely important to be able to document your parenting time. If a schedule is not being kept by the other parent, provide documentation of that fact. Was it their weekend, but at the last minute they changed the plans? Note it on a calendar. Does your agreement state that you are to meet at a halfway point, but invariably you drive further to accommodate the exchange? The problem is that it is your word against theirs. Buy something with an ATM card at the location to verify you were there, just a bottle of water or some gas, but it will show the date, time and location. This will assist you in establishing your case for modification.

Is your ex spouse consistently late for the exchange? Show up on time, and buy something at the agreed upon time to show you were there as agreed upon. Be sure to document the time with another purchase after the exchange has occurred, thus showing you had to wait 2 hours or whatever the time was. Keep your receipts and use your bank statements to show you were there, ready, willing and able, according to the legal agreement in place. Your ATM card can be a silent witness on your behalf.

Unfortunately, sometimes these situations take a turn for the worse. What if there is drama and you feel you need the police? Generally, they will not write reports for this type of situation, but there is an incident number you can get if you call for a police dispatch. The court will have access to that information. Remember that the court will rule in the best interest of the children. A child custody modification may be what is best.

Contact the Irvine, Ca Law Offices of Hollie A. Lemkin today for a consultation and to make a plan for your children. Hollie will work with you and guide you through this painful and difficult time. Call 949-734-4788 to schedule your initial meeting. Hollie is a Certified Family Law Specialist with offices in Orange County, California and has experience with child custody modifications.