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The role of the judge is to decide whether it is in your child`s best interest to change custody. The judge will review the evidence provided by both parents with respect to the welfare of the child factors. The judge must consider each factor and give concrete conclusions to the minutes. For more information, see Best Interests of the Child. Some examples of significant changes in circumstances that may cause the court to change you and your ex-spouse`s custody are: Before launching a new child care procedure, parents should first try to communicate with each other and develop a mutually acceptable agreement. In addition, parents can benefit from mediation or arbitration before considering custody proceedings in court, which is less adversarial and takes less time than the standard process. If the parents cannot agree, they go through a trial that ends with a judge`s decision (or judicial arbitrator) to change at a hearing. The court could either grant the changes requested by the parents, or make various changes, or refuse to amend the orders. If you and your former spouse are consensual and your co-education agreement has worked well, the idea of changing your custody of your child without going to court may seem invocable. However, you should be aware of the potential pitfalls of this approach, as shown below.
The good cause or change of circumstances must be important to the judge in order to consider a change in custody. A change in circumstances must be something that occurred after the last arrest warrant was issued. To prove a change in circumstances, the moving company must show the judge that change is more than normal changes (good or bad) in the child`s life. The moving group must demonstrate that the change has had or could have a significant impact on the child. As a general rule, a court will not consider changing a child care system that appears to work for all parties involved. A court is primarily concerned with the best interests of the child, which means that a court does not want to interrupt a child`s lifestyle and well-being for careless reasons. A change in circumstances is similar to a good cause. If something that happened after the judge signed the last arrest warrant is qualified as a change in circumstances, it is usually also a correct cause. It`s also the opposite.
The courts recognize that the living conditions of parents change over time, which is why child custody orders are not set in stone. However, if you wish to apply for a change in custody due to a change in a parent`s circumstances, you must demonstrate that the change is significant and significantly affects the life and well-being of the child. When you and the other parent were first brought to justice, you made a custody decision, either by consent or the judge`s decision. You two, follow this order. The court can only impose the terms of an initial custody agreement, not a modified agreement that you and your spouse have drawn up. They may find themselves in an increasingly difficult situation when the other parent decides one day that he or she no longer wishes to comply with the amended agreement. You have no reason to enforce your amended agreement by the court. Even if you both agree to a change in child care or education time, the current order applies until the judge signs a new order.