Are You Entitled To A Child Custody Modification?
Following a divorce, parents can feel as if they received an unfair ruling regarding child custody. When you believe the court has made the wrong decision, don’t hesitate to contact us here at Simonetti & Associates. Our divorce lawyer in Seaford is well versed in the appeal process of custody agreements and will help yours get overturned. To learn more about if you are entitled to a child custody modification, please continue reading.
How Are Custody Agreements Made
Before trying to amend a child custody agreement, parents must first understand how a court comes to its original decision. Fortunately, our divorce lawyer in Seaford is here to help with this. For starters, the court will always decide based on what they believe the child’s best interest is. Factors that go into determining this include:
- Instances of domestic, emotional, or physical abuse.
- Substance abuse issues.
- Each parent’s ability to meet the physical, mental, and emotional needs of the child.
- Work arrangements and income levels.
- The need for one or both parents to relocate for work.
- Living conditions in each parent’s home.
- Depending on their age, where the child prefers to live.
Appealing The Agreement
Even if the court comes to a custody decision that you feel is unfair, it doesn’t mean there is nothing you can do. Our divorce lawyer in Seaford will file an appeal to this agreement on your behalf. However, the request itself is not enough to make any drastic changes. Some things that allow for changes to be made include:
- The completion of a rehabilitation program if one parent was an addict.
- Beneficial changes in living situations or employment.
- One parent has broken the previous agreement laid out by the court.
- Instances of abuse following the initial agreement.
- Clear evidence that the current agreement no longer fits the best interest of the child.
Contact Our Divorce Lawyer In Seaford
Failing to work with the proper legal term can lead to added legal hurdles, such as having modification made to a custody agreement. Here at Simonetti & Associates, we are well versed in this process. When your child’s custody lies in the balance, make sure you contact our divorce lawyer in Seaford so you can be adequately represented.