Introduction
A child custody agreement and child support order are often determined during a divorce or separation. These agreements are intended to cover the needs and best interests of the children involved. However, circumstances in the lives of parents and children can change over time. It is essential to know when it is appropriate to seek modification of these agreements in court.
Reasons for Modification
A modification to a child custody or child support agreement can be requested if a significant change in circumstances has occurred since the original agreement was established. Such changes can include:
Relocation
When a parent moves to another city or state on a permanent basis, it can significantly impact the ability to adhere to the current agreement. It can affect visitation schedules and transportation costs.
Changes in Employment
A change in a parent’s employment or income can affect their financial standing to pay for child support or adjust their visitation schedule. If a parent has lost their job, they might have trouble paying the current support order.
Health Issues
If a parent or child suffers from a physical or mental health issue, it can affect their ability to care for the child. In these cases, the court will take the well-being of the child into consideration.
Change in Living Arrangements
If the child’s living arrangements are substantially changed, it may affect the current visitation schedule and circumstances of the agreement. For example, if the primary caregiver is moving or relocating, it could cause significant changes in the child’s life.
Filing for Modification
If a parent doesn’t have an open case with a family court, they need to file a Modification Request. The modification request will outline the circumstances in which the agreement has changed, and why a modification is necessary. The court will decide whether or not to grant the modification, based on the evidence provided.
Conclusion
In summary, a child custody or support agreement may need modification to maintain the best interests of the child. Parents need to follow the due process of the law and file a modification request outlining the changed circumstances. Courts will decide whether or not the modification is in the best interest of the child. Remember that once a request for a modification is granted, it becomes binding and enforceable in court.