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How Do I Modify My Child’s Custody Arrangement

How Do I Modify My Child’s Custody Arrangement?

Every divorce case with children involved will have a custody hearing. In the custody hearing, the court will look at all the interest factors and determine with whom the child will be staying. They could decide on sole custody where the child will reside with one parent exclusively, or they could decide on joint custody where the child will spend a pre-arranged amount of time with each parent. The court will always rule in a way that it determines is in the best interest of the child.  Also determined at the custody hearing are the terms of parental rights and responsibilities such as decision making power. 

Whatever the court rules is an order that the spouses need to respect and carry out. But that doesn’t mean there is no way to modify a custody arrangement if the circumstances call for it. 

One example of such circumstances is a joint custody arrangement where one of the parents has custody every other weekend and wants to change the agreement to be 50/50 on a week on week off basis. This is something that you can request in the proper family court. 

What you should do 

To request a modification in your custody arrangement, you need to file a motion to modify parenting time. But that’s just the beginning of it. 

Remember, the court always rules and decides according to what is in the best interest of the child. Previously, they ruled that limited parenting time with you was best for your child. So if you’re seeking to modify your custody arrangement, you will need to prove that it is in the best interest of the child to alter the plan. 

In your motion, include why you believe that the increased parenting time for you is in the child’s best interest. Then you need to adequately prove it to convince the court that it would, indeed, be best for your child to spend more time with you.

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Stephanie
Randall

Managing Partner

Colorado Springs

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