Can Your Child Custody Arrangement Be Changed?
Every child and every child custody case is unique. If you are a divorced parent living in or near Kansas City, or if you are divorcing, considering, or expecting a divorce in the near future, it is essential to have the advice and services of a Kansas City child custody attorney.
When the court finalizes your divorce, your lawyer may “settle” a child custody disagreement, or a Missouri judge may hand down a “final” custody order, but over time, you may need to modify that order as life’s circumstances change for you, your ex-spouse, and your child or children.
Missouri law allows the modification of child custody orders and agreements only in particular situations. Because everyone’s life is constantly changing, it is not uncommon for child custody orders and arrangements to be modified – in some cases, several times – here in Kansas City.
Who Will Help You Modify Your Custody Arrangement?
To modify your child custody order or agreement, you will need a family law attorney’s help. If your child’s other parent challenges your request for a child custody modification, you will need legal advice and representation from a Kansas City child custody lawyer.
You will also require a family law attorney’s help if your ex-spouse is seeking to modify the child custody order or arrangement, but you believe the requested modification is not justified or necessary, and you choose to contest it.
When it involves your child or children, you must have reliable and trustworthy legal assistance.
An experienced Kansas City child custody attorney will explain your options and then advocate aggressively and effectively for your child’s or children’s best interests.
What Is A Missouri Court’s Highest Priority?
When a child custody arrangement or parenting plan becomes outdated or impractical, a court-approved modification of the arrangement becomes imperative. When a parent requests a custody modification, the top priority of a Missouri court is the child’s or children’s best interests.
That is why parents should bring specific details to the court’s attention. If a child has dietary or health issues, behavioral concerns, or a learning disability, for instance, the court should know so that any modification of the child custody order will align with that child’s best interests.
When Will a Court Modify a Child Custody Order?
Generally speaking, a Missouri court will modify a child’s legal and physical custody arrangement only when there has been a substantial change in circumstances. Either parent may seek the modification of a child custody order or agreement when:
- One parent’s income has changed significantly.
- One parent has suffered a severe illness or sustained a serious injury.
- One parent becomes unemployed or receives a criminal conviction.
- One parent wants or needs to move to another jurisdiction.
- The amount of time a parent spends with the child or children has substantially changed.
- One parent remarries or becomes a parent with a new partner.
- Any circumstance arises that substantially affects the child or children or either parent.
A parent may also seek a child custody modification if the other parent has persistently failed to abide by the conditions and terms of the current custody arrangement or if a parent believes the current arrangement places the child or children at risk.
In most child custody modification cases, the court must also ensure that the modification allows the child or children to continue having meaningful, ongoing relationships with each parent.
How Do the Courts Handle Custody Modification Requests?
Missouri courts do not grant child custody modifications for trivial or frivolous reasons. The changing life situation that prompts the child custody modification request must be quite substantial, and any change must make the child’s or children’s best interests a priority.
Let an experienced Kansas City child custody lawyer help you begin the custody modification process. If you and your ex-spouse can agree on the details of a child custody modification, the court will probably approve it, and you will both save time, money, and aggravation.
Should You Consider Mediation?
If there is a dispute regarding a modification request, ask your lawyer about the mediation process. Mediation encourages parents to work together to modify the court’s child custody order.
If the parents agree on a new arrangement, their plan is considered by the court and may be signed by the judge. However, without a judge’s signature, a modification is not legally enforceable despite any agreement the parents have made.
Should the mediation process fail to produce an agreement that is acceptable to both parents, the court will then rule on the child custody modification request by making the child’s best interests the top priority.
Child Custody Modifications Are Not Unusual
New marriages, new jobs, and relocations are not unusual. Injuries, illnesses, and unemployment happen far too often. Modifications of child custody arrangements are handled routinely by Missouri courts, but parents will need a lawyer’s assistance with a custody modification request.
Do not confuse a child custody modification with a visitation order modification. Modifying a visitation order changes only the parenting schedule and not the child’s legal or physical custody or primary residence.
In visitation cases, a parent only has to show the court that modifying the visitation order is in the child’s or children’s best interests. You will not have to prove that any situation or circumstance has changed.
Let Fisher Law LLC Represent You
When a child custody modification becomes necessary, it’s time to schedule a legal consultation with a Missouri child custody attorney at Fisher Law LLC. Since 2011, Fisher Law LLC has proudly served families throughout the Kansas City area.
Award-winning attorney Nicole Fisher leads the experienced team of family law attorneys at Fisher Law LLC. We handle divorces, adoptions, paternity cases, custody and child support disputes, and more. We will help you modify your child custody, child support, or visitation order.
To learn more about modifying a child custody arrangement after a divorce, schedule a consultation with Fisher Law LLC by calling 816-307-9752. Fisher Law LLC offers flexible appointment hours, effective representation, sound legal advice, and affordable rates.