When one party files an appropriate action with the court to have the living arrangements of the kid (or children) changed from those set in an existing court order or written agreement between the parties, it is known as a modification of child custody action. Child custody battles are nearly always emotionally charged, and they can lead to nasty and protracted litigation. Regardless of whether the parties have a child custody agreement or an existing court order establishing custody, child custody in North Carolina is always susceptible to change by a court with jurisdiction over the child. If you need in-depth knowledge on this topic, do consult the professionals like here fort collins child custody modification attorney.
Need of changing the custody
Why would a parent want to alter their custody arrangement? Children’s needs evolve as they get older. They may have problems in school and should be put in a private school that allows for less visitation time with the non-custodial parent. Another situation is if a child is injured in an accident and requires long-term specialized medical treatment that can only be provided by a hospital located outside of the state.
Type of the custody
A temporary custody order or a permanent custody order might be issued by the court when it comes to child custody. The moving party must prove that there has been a significant change in circumstances affecting the welfare of the child and that the modification is in the best interest of the child to modify a permanent custody order. A demonstration that the change in custody is in the best interests of the child is all that is required to modify a temporary custody order. Also, the verdict on the custody does depend on the marital relations like what divorce mediation parents are having. For understanding more about divorce mediation look for fort collins divorce mediation attorney.
Petition for Permanent Custody
The party requesting the court for a modification of a permanent custody order bears the burden of establishing that there has been a significant change in circumstances impacting the child’s welfare. Relocation, remarriage, and job changes are examples of scenarios that may result in a change in circumstances, but there must be sufficient evidence produced to establish how such changes (for better or worse) affect the child’s welfare. Most courts are hesitant to interfere in a child’s life unless there is a compelling reason.
Conclusion
The trial court has broad discretion in assessing numerous variables that may constitute a significant change of circumstances affecting the child’s welfare and determining what is in the child’s best interests. Sometimes things can be sorted out within the family by using a family attorney like fort collins family law attorney. As a result, court decisions on child custody are exceedingly unpredictable. Having a knowledgeable and competent family law attorney represent you throughout the modification process will benefit you whether you are the party seeking to alter custody or the party defending an existing custody arrangement.
