What Happens if Your Child Doesn’t Like Your Custody Agreement?By Moskowitz Law Group, LLC |
Between managing the legalities and the mental strain of a breakup, divorces and separations give you a lot to deal with. Having children with your ex-spouse or partner can also contribute to how complicated a divorce or separation is. Your children will have to adjust to a life with separated parents. In some cases, your child may disagree with the custody schedule that was decided during your divorce or separation. An experienced family law attorney can walk families through their options for enforcing or modifying a child custody arrangement that works for them.
Be Transparent With Your Child
If your child does not like your custody agreement, it is best to be transparent and discuss it with them. It can be helpful to explain to your child how much both parents still love them and enjoy their presence, even when they have to live apart. When talking to your child about this, don’t frame it negatively; make sure your child sees this situation merely as a part of life and not a consequence of one or the other of their parent’s decision to split.
It is best to explain your divorce and custody arrangements to your child in simple terms. You want to help them understand the situation without having to go into any legal jargon or any of the challenging emotions you may be feeling toward your ex-spouse or partner at the time. Keeping communication simple and unbiased can help your child avoid getting confused or harboring animosity toward either party.
Modifying a Child Custody Arrangement
If your child disagrees with your custody arrangement, you do not necessarily have to modify the agreement if the court believes it continues to serve the child’s best interests. However, there can be many reasons why you may need to revise the terms of a custody arrangement.
The easiest way to modify a custody arrangement is when both parents agree to a new schedule or terms. If both parents agree, all it takes is a few forms and asking the court to review your submission. If everything checks out with the court and they deem the new arrangement beneficial for the child, the judge will sign off. It is very rare for a court to reject such a new agreement, especially if it was prepared by attorneys.
In cases where parents cannot reach an agreement, they must file a request with the court asking for a modification. After filing this request, there is a chance that both parties can work with a mediator to make a new arrangement that is mutually agreeable. If this does not work out, you may need to proceed further in court and state your case on why the custody arrangement needs to be changed. Keep in mind that a parent who wants to modify a custody arrangement must demonstrate changed circumstances that impact the welfare of the children. Without that, the court will not modify the arrangement. An experienced child custody lawyer can help determine whether such changed circumstances are present and how to present them to the court.
Discuss Your Custody Arrangement With an Experienced Child Custody Attorney
At Moskowitz Law Group, we understand the struggles and hardships that come with custody disputes. We are here to lighten this load for you and help you create the right arrangement for your family.
If you or someone you love is navigating problems with their current custody schedule, we are here to help. Schedule a consultation with us today.