Modification of Child Custody
After a family court judge has determined the custody of a child, either parent can petition the court to modify that custody arrangement if there have been significant changes since the court order. For example, one parent may petition for a modification if they believe that the other parent poses a threat to their child. As another example, one parent can petition for a modification if the other parent is planning on relocating a long distance away. This may also include taking the child out of state with or without your permission. The important thing to remember is that a judge will always take into account the best interests of a child when making a decision about a motion to modify child custody. For a family court judge to modify custody, the parent who files the petition must show that there has been a substantial unforeseen change in the circumstances surrounding the child. Furthermore, the parent must show that modifying the custody arrangements would be in that child’s best interest. There are some common, valid reasons that parents may petition for a change,
Common Reasons Parents Ask for Modification of Custody
- A Parent Is Physically or Sexually Abusive – Either parent would have to present evidence to prove this allegation.
- Child No Longer Wants to Live with A Parent – The other parent would have to show that remaining in the care of the parent that their child is currently residing with, would place that child in danger, or would not be in the child’s best interests.
- A Parent Has Issues with Drugs or Alcohol – The parent making this allegation would have to provide evidence to prove that this is true.
- A Parent Does Not Abide by Visitation Schedule – A parent who repeatedly fails to follow the visitation schedule of the other parent is in violation of a legal order, which may compel a judge to modify the arrangement. But before making a modification, the judge would need to determine whether the parent’s interference with the visitation schedule had an adverse effect on the welfare of a child. If so, that would meet the standard of a ‘substantial change of circumstances’ necessitating a change in custody or time-sharing.
- A Parent Relocates – By itself, the desire of a parent to relocate due to a job transfer, a new job, or a move with a new domestic partner may not be enough for a judge to modify custody. But if this parent is moving so far away that it would make it impossible for the other parent to visit the child, a judge could rule that the move would not be in the best interests of the child. Traveling out of state, in particular, can be an issue.
- Change in the Lifestyle A Parent – A judge may modify a custody arrangement if a change in either parent’s lifestyle creates an environment that is harmful to a child. For example, if a parent joins a gang and engages in illegal activities, the other parent could request custody based on a substantial change in circumstances that puts the child at risk.
What Our Clients Have to Say
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"You can too trust him!"I am using Eric for the second time, he saved this child the first time when she needed it the most. I know God’s will placed him in my life and when an incident came up again I didn’t hesitate to call Eric Cheshire. He is a Godly Man that gets at the truth to help in the best way he can with the will of God. I trust him with the most precious gift God gave me, you can too trust him.- Former Client
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"A true gentleman and professional!"As a woman of God, I would never have dreamt I needed Eric and his firm’s services. Fortunately, it was one of my better decisions. For his professionalism and kind heart made me feel that I was not in this alone. He was walking with me during the entire ordeal and I am very blessed to have a Christian man such as himself to guide me and explain everything to me. A true gentleman and professional! Thanks Eric!- Former Client
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"He genuinely cares!"Mr. Cheshire is one of the good guys. He genuinely cares about his clients and what is important to them.- Former Client
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"I am so thankful to have found someone who was so knowledgeable and considerate."As you might imagine this was a difficult time in my life. I am so thankful to have found someone who was so knowledgeable and considerate to help me through my divorce.- Former Client
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"Will hire him again if I ever need an attorney for my legal needs"I’ve used Eric Cheshire, PA over the years for my divorce and he handled it in an understanding but prompt manner. I’ve recommended him to other family and friends and they’ve been elated with his representation also. Will hire him again if I ever need an attorney for my legal needs.- Former Client
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"Great Service!"Great Service! He was kind, understanding and easy to work with.- Former Client
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"Eric fought for our family to be together."Very nice and helpful. Give my husband his legal rights as a father to be able to see his son. Eric fought for our family to be together and he always checked in with us to see how things were going. I couldn’t have asked for a better lawyer and family man. He loves his family and he loves his clients too.- Former Client
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"Very grateful!"Atty Cheshire reviewed the case carefully with my daughter and communicated with other lawyers in Missouri where she lives. We spoke with him to give other pertinent info and he kept us posted. He spent we suppose several hours on her case which helped prevent some financial pitfalls on her part. My daughter and us parents are very grateful for his foresight and timely advice. We highly recommend Atty Cheshire. (Reviewed from a potential client who consulted with Attorney Cheshire).- Former Client
Why Hire an Attorney for Modifying Custody or Time-Sharing
If you are thinking about filing a petition for modification of custody, you must first understand the challenges and complications that often arise in these types of cases. Judges are not likely to modify a child custody order unless they are convinced that this modification would benefit the child. For a judge to make that determination, you must present compelling evidence that a substantial change in your former spouse’s circumstances is not in the best interest of your child.
Hiring an experienced family law attorney can help you mount the strongest case possible. That is because a top, reputable firm has the investigators and support staff necessary to uncover evidence, find witnesses, and navigate through the complexities of these petitions. We can discuss what you can and cannot do in a custody battle. Please contact the child custody lawyer at The Law Office of Eric C. Cheshire P.A. at (561) 677-8090 for a legal consultation. We are conveniently located near downtown West Palm Beach.