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What needs to change in order to modify child custody?

On Behalf of | Feb 22, 2021 | Child Custody

Many parents are dissatisfied with the child custody order in place. Often, a parent believes that they should be spending more time with their children or that they deserve to have more lenient terms, such as the ability to spend time with their children on birthdays or holidays. Some parents may be fighting to have the right to spend time with their children outside of a visitation center.

If you are a parent in Missouri dissatisfied with your current child custody arrangement, it is important that you have the relevant knowledge to know when you are able to take action to modify the arrangement. The following is an overview of the situations in which custody arrangements can be modified, and the process for doing so.

Which courts are involved in the modification of a child custody order?

You must file a request with the court that entered the original child custody order. You should ask that court for the specifics on the types of forms that need to be filed.

When do I have the right to have a child custody modification granted?

First, in order to make a request, you must be someone who is affected by the decision. In other words, you should be a parent or another person who has the potential to be a guardian in the child’s life.

Additionally, you will only be successful in modifying a child custody order if a change of circumstances can be demonstrated. If the situation is exactly the same as when the order was made, there will be no change in the outcome.

What constitutes a change of circumstances in a child custody modification?

Any change that could impact the children positively or negatively constitutes a change of circumstances. For example, you may be able to prove that you have been sober for a year, or you may have bought a home that is more suitable for your children to reside in.

Make sure that you to swift action to modify a child custody order if a change of circumstances has occurred.