Things are sure to change in the years following your divorce. Your children age (and so do you), your job responsibilities change and you and/or your ex may decide to move. And that’s just the start.
Your original child custody order may not be feasible until your children reach the age of 18, so it’s critical to seek a modification when necessary.
There is no right or wrong way to modify a child custody order, as this is based largely on your specific situation. However, there are three basic tactics for doing so:
- Child custody modification by agreement: If you and your ex are able to agree to new terms and conditions, the court is likely to approve it. You just need to submit the changes to the court that approved your original order. As long as everything checks out, a new order is put into effect.
- Child custody modification by mediation: If you and your child’s other parent are unable to work things out on your own, mediation is the next best option. In mediation, you work closely with a neutral third party to hash out the details of your new agreement. The key to success is the willingness of both individuals to negotiate and compromise. If you settle on common ground, the mediator can create a new order and submit it to the court. The judge isn’t required to accept the recommendations, but they’ll strongly consider them if both you and your ex agreed on the terms in mediation.
- Child custody modification by hearing: If you’re unable to decide on which changes to make, your case will end up in court. The judge will want to see some type of change in circumstances before they proceed. For example, if your ex has moved out of the state, this is reason enough to grant a child custody modification.
You hope that your child custody order remains effective for many years after your divorce, but you never know when it will require a change.
If a modification could make life easier on you and your children, learn more about the process and the steps you can take in Memphis to put the wheels in motion.