Experienced Family Law CounselFor Rome, New York, And The Mohawk Valley

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Most people filing for divorce have a fear of the unknown. With more than 40 years of experience, Michael G. Putter can help you understand what to do next.

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What do you need when seeking a modification of custody orders?

On Behalf of | Aug 22, 2022 | Child Custody

Every parent wants the best for their children. However, court orders can sometimes stand in your way, especially if you share custody with your ex-spouse. 

What if you need to modify a custody agreement that no longer seems to work, but your ex-spouse won’t agree? In that situation, you have to turn to the court for help. It is possible to modify court-issued custody orders, as long as you have a good reason.

The welfare of the children takes center stage

The best interests of the children always take precedence in any decisions that affect them. Therefore, you may need evidence to prove that the children are not safe under the current arrangement. 

It could be physical violence, substance abuse, relocation to an unfriendly neighborhood or anything else that would negatively affect the children’s welfare and development.

Useful evidence includes proof of a substantial change in circumstances in your co-parent’s life, witness statements or medical records. Anything that may convince the judge that the children’s interests are not being served under the current arrangement can help your case.

What is the procedure for modifying custody orders in court?

The court may issue emergency orders when the children are in immediate danger or when the situation calls for it. Otherwise, there will be a hearing involving you and your co-parent. Here, a judge will determine whether there is a need to modify the orders based on the available evidence.

Protecting your children’s wellbeing

Preparation is key if you are thinking of modifying your child custody orders. Having the necessary evidence and being aware of the legal procedures will help you get through with everything much quicker. It’s just what you need when your children’s safety is on the line.

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