Posted in Firm News
Custody agreements outline how parents will share responsibilities for their children after separation or divorce. These agreements cover legal custody, physical custody, and visitation schedules. Courts prioritize the child’s best interests when approving these arrangements, but sometimes changes are necessary. Knowing how custody agreements work and when modifications may be possible can help parents plan for the future.
Key Parts Of A Custody Agreement
A custody agreement typically includes decisions about legal and physical custody. Legal custody determines who makes major decisions about the child’s education, healthcare, and religious upbringing. Physical custody determines where the child lives and the details of the visitation schedule.
Some agreements grant joint custody, where both parents share decision-making and parenting time. Others may grant sole custody to one parent, with the other having visitation rights. These terms are either determined through mutual agreement or by a judge if parents cannot agree.
Reasons For Modifying A Custody Agreement
Life circumstances change, and sometimes a custody arrangement needs to be adjusted. Courts allow modifications when there is a significant change that affects the child’s well-being. Common reasons for requesting a modification include:
- A parent moves to a new location that affects the visitation schedule
- A change in a parent’s work schedule that impacts availability
- Concerns about the child’s safety or well-being in the current arrangement
- A change in the child’s needs, such as medical or educational requirements
- One parent failing to follow the existing custody order
Courts review modification requests carefully to determine if the change is necessary and in the child’s best interests.
How To Request A Modification
If both parents agree on a modification, they can submit a revised agreement to the court for approval. This process is usually straightforward if the changes do not negatively affect the child.
If parents disagree, the parent requesting the change must file a motion with the court. A judge will then review the case, consider the reasons for the request, and decide based on what is best for the child. In some cases, the court may require mediation before making a final decision.
Preparing For A Custody Modification Case
When seeking a modification, providing strong evidence is important. This can include financial records, work schedules, medical reports, or witness statements that support the request. Courts want to see that the change benefits the child and is not simply for a parent’s convenience.
It also helps to maintain clear communication with the other parent whenever possible. If both parents can work together on an updated agreement, the process is often quicker and less stressful.
Work With A Legal Team You Can Trust
Custody agreements impact both parents and children, so making informed decisions is essential. At Fait & DiLima, LLP, we help parents understand their options and take the right steps when changes are needed. If you are looking for a Frederick MD child custody lawyer, contact us today to schedule a consultation.
