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Child Custody Modifications in Hamilton County

Child custody contracts play a significant role in divorces between spouses who share a child. These agreements will outline how parenting time will be split and the child’s primary place of resident and will govern visitation arrangements. The court will typically prioritize the child’s best interests when finalizing a custody plan, but a change of circumstances within the family could make the original contract irrelevant over time. In that case, a modification may be necessary.

If you believe that your custody contract no longer serves the needs of your family, you may be able to change it. A skilled attorney could examine your situation and help you achieve a child custody modification in Hamilton County.

What are Common Reasons for Modification?

A Hamilton County parent may request to modify their existing child custody agreement for numerous reasons, but the court will typically only grant an alteration if a significant change in circumstance can be proven or if it is apparent that the current plan is not serving the child’s best interests. Each case has its own specific set of facts which could be used to determine if a modification is necessary.

Some valid reasons for a custody agreement modification could include:

  • A parent’s failure to adhere to the parenting schedule
  • A parent’s neglectfulness of the child’s needs
  • A parent’s inability to properly parent the child
  • A parent’s relocation to a different jurisdiction
  • Any challenges the child may be facing in their current living situation

If the court believes that a modification to the current plan will benefit the child based on the best interest factors outlined in state law, they may approve a requested change. An experienced attorney could help a parent apply these factors to their family’s circumstances to present the most compelling case to the court.

What is the Process of Modifying a Custody Agreement?

The first thing that a parent who wants to modify their custody agreement needs to do is to file a petition to the court. The other parent would then get served with that petition, and they would have 30 days to respond. After both parties are aware of the request for modification, they could undergo a mediation process to resolve their issue. If they cannot settle on a new agreement, the court will make a ruling.

Though 30 days is standard for these cases, the amount of notice the responding parent needs can vary depending on the nature of the modification. If the requesting parent is relocating, then they must give the other parent 60 days’ notice that they are relocating, where they are going, and why. The parent has 30 days to file an objection to their relocation with the court that made their child custody order.

If the other parent petitions to oppose the relocation within 30 days, the court will decide whether or not to approve the change. If no petition is filed within the 30 days, the parent may move. However, they must wait a total of 60 days from when the original notice was sent before doing so.

A Hamilton County Attorney Could Help You Modify Your Child Custody Agreement

If you are a parent who wants to alter your pre-existing custody agreement, skilled legal counsel could offer valuable assistance. A compassionate attorney could examine your situation, help you draft an official petition, and get the issue before the court. Call today to schedule a consultation with a member of our legal team and start the process of making a modification to your Hamilton County child custody contract.

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