When the Other Parent Does Not Agree to a Modification
Child Custody Lawyer Rockville, MD
It is very common for situations to change drastically enough from the time when an original child custody order was issued that a change may be warranted. Parents as well as the children may grow unhappy with the existing child custody order and desire to modify the existing agreement. However, a modification of the child custody decree is not something that can be handled without the court’s oversight. It may also be in your best interests to work with a child custody lawyer in Rockville MD who can make sure all of the required legalities are met. A child custody lawyer from the Law Office of Daniel J. Wright can review your case and offer guidance on how you may wish to proceed.If the other parent agrees to modifying the child custody arrangement, then it should be a fairly simple process. Your child custody lawyer in Rockville MD from the Law Office of Daniel J. Wright can draw up the new agreement and file it with the court. As long as both parents agree, the court usually accepts custody modification agreements. Once the judge signs the new order, it then becomes the official custody order and the prior one is no longer valid. It is important to note that it is critical to file a new agreement with the court even if both parents agree. Otherwise, as a child custody lawyer in Rockville MD can tell you, the old order remains in effect and the other parent could change their minds and legally enforce the old agreement.
In the event that the other parent does not agree to the changes you are requesting, your child custody lawyer in Rockville MD and their attorney may be able to negotiate a compromise which will make all parties – especially your child – happy.
When the Other Parent Does Not Agree to a Modification
If the other parent does not agree to modify the existing agreement and is not willing to negotiate a compromise, then it may be necessary to request a modification directly with the court. However, the court will only schedule a hearing on your motion if there has been a change in circumstances since the existing order was issued. The change must be a significant one that affects what is the best interest of the child. Your child custody lawyers Rockville MD trusts from the Law Office of Daniel J. Wright can offer an informed opinion if your circumstances meet that criteria.
Some examples of what the court might consider valid reasons for a modification request include:
- One of the parents has moved or is planning to move.
- The parent who has primary custody is substantially failing to provide for the child.
- Significant changes in the child’s emotional and/or physical state caused by the current agreement.
- The child has been exhibiting behavioral issues.
- One of the parents has developed an alcohol or drug problem.
- One of the parents has married or is living with a significant other and that person has a questionable background (i.e. criminal history).
- One of the parents has been convicted of a crime.
- The parent is either physically or mentally incapable of taking care of the child.
- One parent is consistently interfering or blocking the other parent’s access to the child and parenting time.
- The child is old enough for the court to consider their wishes and wants to live with the other parent.
- There have been domestic or other abuse charges filed against the parent.
Talk to a child custody lawyer in Rockville MD from the Law Office of Daniel J. Wright if you have concerns– we provide a free consultation so call us today.
