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Can My Child Custody Agreement Be Modified?

Posted on in Divorce

Los Gatos child custody modification attorneyWhen you and your spouse decide to get a divorce, the months ahead are often trying for both parties. Not only does each person have to cope with the difficult emotions that come with the end of a long-term relationship, issues such as the division of marital assets must be resolved. The divorce process can be even more complicated when children are involved. Whether you and your spouse come to an agreement about child custody and visitation through mediation or litigation, you may want to seek changes to the agreement at some point in the future. If you are interested in pursuing modifications to your custody agreement, you should seek out the help of a qualified legal professional. 

Modifying a Child Custody Agreement

In many cases, the easiest way to make a modification is through working cooperatively with your former spouse. If the two of you are capable of having a healthy and professional dialogue regarding what is best for your child, you may be able to come to an agreement entirely on your own and file the modified agreement with the court. In other cases, you can work with a counselor or family law mediator to assist in coming to a compromise. 

While working together is always the best option, an agreement sometimes cannot be reached between the two parents. If the other parent is unwilling to agree to your proposed changes, you will need to request a modification through the court. Once you have filed a petition to modify the agreement, a judge will hear arguments from both sides and make a decision about whether the requested modifications would be in the child’s best interests. 

It is important to be organized and prepared for a child custody hearing. If you are seeking significant modifications, you must present a substantial argument stating why the changes would be in your child’s best interests. For example, if you believe the agreement should be modified because the other parent is not following its terms or because you believe your child is not safe while in their care, you will need to provide evidence of these claims. It can also be helpful to bring statements from teachers or health professionals. 

Contact a Los Gatos, CA Child Custody Attorney 

Working to raise your child after your divorce can present a number of unforeseen challenges. With years of experience in family law, Attorney Benita Ventresca is prepared to assist you in pursuing the modifications you need to ensure that your child is happy and healthy. To schedule a complimentary initial consultation with a compassionate Los Gatos divorce modification lawyer, call us today at 408-395-8822.

Source: 

https://www.courts.ca.gov/1187.htm?rdeLocaleAttr=en

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Los Gatos, CA 95030

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