Divorce Custody Change

Divorce child custody battle is fraught with its lows! The custodian parent gets the child to live with him/her but should not assume it to be a privilege which can not be changed by his/her ex-spouse. Also, family welfare agencies monitor if the custodian parent is in any way neglecting the child. Of course, the ex-spouse would also be interested to have divorce custody change where there are changes in the terms and conditions as laid down in the earlier custody order.

Child custody cases which are decided upon by the courts can be again requested for modification only in special situations. If the court is convinced that the circumstances of the case have change and the custody of the child should no longer be in the manner that it is now, then it would award a divorce custody change.

Let us look into the sequence in which the court tries to tackle the issue.

Let the parents sit and discuss

Courts generally ask the divorced parents to discuss the change in the custody matter themselves, maybe with the help of a custody mediator. A final draft of the parenting plan and a changed visitation agreement can be then presented in the court for judicial approval.

What if the parents fail to arrive at a consensus?

In case one parent refuses to accept the changed custody proposal or altered visitation arrangement, he/she may move the court regarding that matter. Courts look into the matter only when they are sure that the circumstances of the case have changed and therefore, warrant attention.

When do courts step for the second time?

Few issues have been mentioned below which may cause the courts to modify the present custody and visitation arrangements: Courts keep in mind that a child should be given a stable home environment for proper care and growth. Hence, awarding the custody in the first place itself is done with careful consideration. This is to discourage any motion to seek alteration in child custody.