When a Connecticut divorce is officially finalized, a court order is issued to establish the terms of the separation, including child custody arrangements. While these orders are typically meant to be final and conclusive, situations may arise where a parent desires to request a change in custody. This can occur due to significant changes in either the parent’s circumstances or the child’s needs and behavior.
In the state of Connecticut, specific procedures and legal requirements must be met before a modification to a custody order can be granted. If you find yourself considering the possibility of requesting a change in custody, it is crucial to be well-informed about the process involved.
Reasons for Changing Custody
It is important to note that not every reason warrants a change in custody, and the court recognizes this. In order to successfully modify a custody order, a parent must demonstrate that there has been a substantial change in circumstances that justifies the modification. Here are some significant reasons that could potentially lead the court to allow a custody modification:
Relocation
If a parent wishes to move out of state or a significant distance away from their current residence, this may necessitate a custody modification. Relocating a substantial distance could make it challenging for the non-moving parent to maintain reasonable access to the child.
Parental Unfitness
In situations where one of the parents is deemed unfit, expresses a desire to relinquish custody, or is unable to fulfill their childcare responsibilities, the other parent may rightfully request a change in custody or even sole custody.
Child’s Best Interests
If the child’s current living situation is no longer in their best interest, the parent has the right to seek a change in custody.
Filing a Motion to Modify Custody
Before proceeding with filing a motion to modify custody, the parent requesting the change must have a valid and substantial reason. Once a parent has established a strong rationale, they can formally request that the court modifies the existing custody order. The parent or guardian filing the motion is required to submit it to the same court that issued the original custody order.
The motion itself must be filed in the court that initially issued the custody order. This process involves completing the necessary forms, such as the Motion for Modification of Custody Order. After completing the required paperwork, the motion must be officially filed with the court.
The court will carefully review the motion and schedule a hearing to examine whether a modification of the current custody order is warranted. During the hearing, both parents will have the opportunity to present their case and explain to the court why they seek a change in the order. It is crucial that both parents provide supporting evidence to further strengthen their arguments.
Conclusion
Making modifications to a custody agreement after divorce is undeniably a challenging decision. However, it is imperative to remember that if the change is genuinely in the best interest of the child, the court may grant the requested modification. This means that the parent seeking the change must present a compelling and well-supported reason for it. Our team of experienced custody lawyers understands the complexity of these cases and is prepared to assist you in achieving the best possible outcome.