Parents who are not satisfied for the custody arrangement or if it no longer works for them may request for child custody modification. In requesting, the parent has to provide a valid reason in order for the court to consider. However, if the proposed change can do more harm than good, there is high possibility that the appeal would be denied. Take note of the following sensible reasons for modification request.
Child's Best Interest
The court will always favour an arrangement that works for the best interest of the child. If you are requesting for a modification of child custody, you must prove to the court that it would be good for the child's welfare. The court will not want to risk nor interrupt the child's way of life for some frivolous reasons. The court will carefully consider the request for modification before ordering a change.
The court might consider a modification if one the parents is considering for a relocation to a distant location. However, court will only agree only if the relocation of the parent can affect the parenting time or visitation time of the non-custodial parent or with his/her relationship with the child. The court will then examine the potential effects of a move on a child's emotional and physical health.
Child's Academic, Emotional, and Physical Needs
The state will consider a custody change if there are major changes to the child's emotional or physical health and school performance. For example, failing grades or frequent hospitalizations for untreated illness can be a factor for child custody modification.
Domestic violence can also be a factor. A child living in an abusive or violent environment should be immediately protected. Among the possible reasons, abuse claims is taken more seriously. Even if the parent is not the one initiating the abuse but facilitating a situation where a child is in danger of abuse like having an abusive partner, he/she can lose the child's custody. If the child is in danger or expressed an unwillingness to remain in the parent's home, the court might grant the request.
An experienced Family Law Attorney of Marquez–Kelly Law, Mellany Marquez–Kelly, can help you navigate the complexities of the legal system in reaching any modification determination that is fair and will protect your rights. Expect her to aggressively fight for your rights in areas near Cape Coral and Fort Myers, Florida.
Call us at 239-214-0403 a free consultation.