What are your custody rights when modifying a custody order? When parents want to make changes to their final custody order, they can do so if they follow the proper steps.
Here are some suggestions about your rights when changing your custody agreement.
The first thing to do is approach the other parent and explain the changes you want made.
If the two of you can discuss the arrangement and the changes and the other parent agrees to the changes, it is very easy to get your custody modified.
You both fill out a paper with the changes and sign it.
Then you file it with the court and the changes are made.
This process differs slightly depending on where you live because all of the state laws about custody are different.
Many times, if the change to the order is small, the other parent won't have a problem with it.
A small change would mean switching a few holidays, changing the overnight visit to another day, or adding a little bit of time.
If you do want one of these small changes, it is harder to get the court to change it so you are much better off if you and the other parent can agree.
If you want a major change in the custody order you can still approach the other parent and discuss it.
This is always the first thing to do.
Again, if the other parent agrees, then you merely file the change with the court.
If the other parent doesn't agree, you can go to the courthouse and file a petition for custody.
The court will then set a date where the parents present their case and they will decide if the change will be incorporated into your order.
The key to getting a major change in custody is to have a solid presentation about why the change is in the best interest of the child.
Don't file petitions to modify custody lightly.
Courts don't like to constantly change the custody order and it won't look good if you are always making small changes through the court.
The generally take the view that stability is the best thing for the child, so there has to be a good reason to make a change--especially a large change.
A major change is something like switching custodial parents, drastically altering the custody schedule, changing vacation times, etc.
When you present your case to the court, explain why this change is in the best interest of the child.
Provide documentation that can support what you're saying.
For example, if you are trying to become the custodial parent, you can show the court that you've been tracking visitation and the child has actually been with you the majority of the time.
You do have the right to modify your custody order--provided that the modification benefits the children.
If you center your case around that, the judge will me much more likely to grant your request.