Monday, February 24, 2014

In some cases, you can change your current custody and visitation arrangement

Whether your current custody and visitation arrangement is by court order or by agreement or both, if you are unhappy with the current arrangement, you may be able to change it through a Motion to Amend.

There are two distinct parts of a Motion to Amend.  First, you have to show the court, through evidence, that there has been a change in circumstances since the last court order or agreement.  This can be a variety of things: deteriorated health of one party, moving a significant distance, the child's age and schooling requirements, etc.  This is very fact based and the more change you can show a judge, the more likely the judge will find that there has been a material change in circumstances.

Assuming the court finds a material change in circumstances, the court then must determine a new custody/visitation arrangement that is in the best interests of the child(ren).  For a refresher on what "best interests of the child" means, take a look at our previous post on custody here

Because these cases are extremely fact based, it would be wise to retain an attorney who is familiar with the rules of evidence to represent you and present the strongest case possible.  If you would like more information or a consultation, please contact us at (804) 447-0146 or