Can I modify my child custody agreement? Yes, it is possible to change a child custody agreement.
To change the agreement you will have to file a petition with the court.
In order to make a change, a judge will generally require evidence of some significant change of circumstances.
Has your ex recently remarried? Or been arrested? Or have you recently gotten a better job? Has one of you moved? Significant changes in a parent's life can drastically alter their children's lives as well.
If there are no issues and no major changes, the courts are reluctant to alter custody agreements for fear of adverse affects to the children.
Just because you have filed for a change in the agreement, doesn't mean the judge will grant your request.
Can my child decide where he/she wants to live? The child's preference is sometimes considered.
However, how much weight the judge will attribute to the child's preference depends in large part on how old the child is, and their cognitive ability to understand and make such decisions.
Therefore the stated wishes of a four year old are given less weight than that of a fifteen year old.
My Ex is suing for sole custody because they don't want to pay for child support - will this work? Most likely not.
The courts are wise to this ruse and can generally see through such posturing.
As mentioned above, your Ex would have to prove that there was some significant change.
Their desire to avoid payments would not be evidence in their favor.
Remember: Child custody arrangements are tailored to your specific situation.
There is no general rule for every case.
In addition, different jurisdictions will have different statutory laws and case histories.
You need to find an experienced lawyer in your jurisdiction that knows the history and therefore knows how to strategize to help you achieve your goals.
To change the agreement you will have to file a petition with the court.
In order to make a change, a judge will generally require evidence of some significant change of circumstances.
Has your ex recently remarried? Or been arrested? Or have you recently gotten a better job? Has one of you moved? Significant changes in a parent's life can drastically alter their children's lives as well.
If there are no issues and no major changes, the courts are reluctant to alter custody agreements for fear of adverse affects to the children.
Just because you have filed for a change in the agreement, doesn't mean the judge will grant your request.
Can my child decide where he/she wants to live? The child's preference is sometimes considered.
However, how much weight the judge will attribute to the child's preference depends in large part on how old the child is, and their cognitive ability to understand and make such decisions.
Therefore the stated wishes of a four year old are given less weight than that of a fifteen year old.
My Ex is suing for sole custody because they don't want to pay for child support - will this work? Most likely not.
The courts are wise to this ruse and can generally see through such posturing.
As mentioned above, your Ex would have to prove that there was some significant change.
Their desire to avoid payments would not be evidence in their favor.
Remember: Child custody arrangements are tailored to your specific situation.
There is no general rule for every case.
In addition, different jurisdictions will have different statutory laws and case histories.
You need to find an experienced lawyer in your jurisdiction that knows the history and therefore knows how to strategize to help you achieve your goals.