The lives we lead are forever in motion and constantly changing. At The Law Office of Steven C Benke, we know that certain child custody visitation schedules may have worked in the past, but circumstances have deemed change necessary. How can you pursue this change and who needs to be involved? The board certified attorney at the Law Office of Steven C Benke can help guide you through the process.
Court Petition
The first way that a parent can go about changing a visitation schedule is by petitioning the court. This involves a hearing and presentation of evidence by the petitioning parent as well as a response from the other parent. The court will likely rule in favor of the change if they feel it is in the best interest of the child. Court petitions are particularly beneficial in the event that the parents are having a difficult time coming to an agreement of their own accord.
Outside of Court
Custodial and non-custodial parents are able to submit a written modification outside of court if they are able to come to an agreement on their own. A change outside of court usually involves something minor such as switching the day of the week or the pick-up/drop-off location. The court is apt to grant minor changes, so long as the parents have come to an agreement and the arrangement benefits the child.
However, the court can be hesitant to grant change if they feel it will disrupt the life and routine of the child. The parents must be prepared to show why the change is necessary and why it is the best decision for everyone involved.
Major changes are a bit more difficult to be settled outside of court, but this isn’t to say that they can’t be accomplished. Once again, if the parents are able to come to an agreement, they have the option to submit the changes to court for approval.
If the court approves the proposed changes, they become court order, and the custodial and non-custodial parent must abide by these new rules in the future.
If you have questions about changing your child custody visitation schedule,