Material Change Of Circumstances: When It's Time To Hire A Child Custody Lawyer

Law Blog

When you have an established custody arrangement set by the court, it can be difficult to get the arrangement modified for reasons of convenience. Once you have gone through the process of creating and agreeing to an arrangement, you will have to file a motion for modification to get it changed. You must be able to prove that there has been a material change of circumstances while arguing your motion. This change can work for you both ways, either to gain you more visitation and custody or for you to lose some of your custodial rights. When you want to modify your current custody agreement, it's important to work with an attorney that can help.

You Have Become a More Stable Parent

If you didn't get visitation or custody because you weren't able to provide stable housing or your life was out of control because of addiction, getting sober and improving your life is a material change of circumstance. While the judge may not award you shared custody, if you are now able to take care of your children and you couldn't at the time custody was established, the order is likely to be modified.

Your Ex Becomes Incarcerated

One of the easiest material change of circumstances that is easy to prove is if your ex spouse becomes incarcerated. When an individual is in jail, they will clearly have no ability to meet the needs of their children. While you will need to file for a custody modification in court, it is likely that you are already caring for the children 100% of the time because your ex is not available. If your ex is in jail for only a month or two, remember that they can quickly get their life back together and ask for custody to be changed once again.

If You Want to Move Out of State

When you find a better job but you need to move in order to take it, you will need to file a custody modification. If the move is in the best interest of your children, the judge may allow the move and give you the opportunity to move out of state with the children. If your ex is actively involved in the lives of the children, the judge will weigh the possibility that the children remain with your ex instead.

When you want your custody arrangement modified, it is best if you work with an attorney who can fight for your rights. Contact a law firm like William Kirby, Family Law Attorney to get in touch with a lawyer.


18 October 2016

Choosing To Fight

Although I am far from perfect, I have focused on abiding by the local laws for the vast majority of my life. Unfortunately, about five years ago, I realized that I was being accused of a crime that I didn't commit. I thought about letting the trial run its course, but then I realized that fighting would be important to ensure my future. I teamed up with a great lawyer, and things became much easier overnight. My legal counsel told me what to do and what to avoid, and he was able to prove the facts in a court of law. This blog is all about choosing to fight charges.