Three things to consider before updating your agreements

Child custody agreements exist to ensure that children get to spend time with each parent in situations where the parents do not live together. A child custody agreement may provide for both parents to share custody, or for one parent to have sole custody with visitation rights for the other parent. While every parent wants to spend time with their child, sometimes this is not possible or appropriate. If your child custody agreement prevents you from seeing your child and you want to change that, or if you feel that your custody agreement allows an unfit parent inappropriate rights to your child, you can visit Torrence L Howell for a free consultation regarding child custody modifications.

Physical vs Legal Custody

Before petitioning for child custody modifications, it’s important to establish which type of custody you wish to alter. Physical custody allows a parent to have the child live with them, while legal custody allows a parent to make legal decisions for the child, including decisions about education and healthcare. Even in situations where it is not appropriate to share physical custody, parents may want to share legal custody so that each parent can have a say in important legal decisions regarding the child. Physical custody may be denied based on the type of home environment a parent is able to provide, as well as on issues like abuse or drug addiction. However, with evidence of reform it is possible to change this through child custody modifications.

Will the Case go to Court?

Child custody battles that end up in front of a judge can be very expensive, not to mention disruptive to the child and the parents. The desire to avoid a court battle may affect how extensive the modifications you request end up being. Before petitioning for a child custody modification, it is wise to have your lawyer consult with the other parent’s lawyer to see if an agreement can be reached without fighting over it in court.

Impact on Child Support Agreements

Another important concern is whether the child custody modification will result in a child support modification. For example, moving from shared custody to giving one parent sole custody will likely cause the custodial parent to request additional child support to cover the extra time the child will be spending in their home. If you don’t want to pay the extra support, you may not want to move forward with the child custody modifications.

The best way to make sure you’re seeing all the angles on a child custody or child support modification is to have an expert family law attorney like Torrence L Howell walk you through the process.