Is your custody agreement already in place, but you need to have it modified? Don't worry, because modifying is straightforward and feasible. Here is what you need to know about this legal situation so you can resolve your child custody issues.

Is There A Waiting Period To Modify A Custody Agreement?

Don't assume that it is too soon to modify the custody agreement, since it all depends on what aspects of the custody agreement that you want to modify and what those circumstances are. While each state has its own laws regarding waiting periods to modify the custody agreement, there are usually exceptions. For example, if you are changing the custody agreement because it would benefit the child's personal wellbeing, it is possible that a judge would waive any waiting period to make the necessary modifications.

What Reasons Does The Court Modify Custody Agreements?

When you are making a request to modify a custody agreement, the court is going to look for a substantial change in your circumstances to justify the modification. For example, a marriage is something that could change the living arrangement for a child, and that would be substantial enough to justify a modification to the custody agreement. Even a child getting older and having different needs can be a good justification. 

Does Moving Out Of State Require A Custody Modification?

A common reason that people want to modify a custody agreement is that they have a desire to move out of state with their child. The custody agreement will typically have restrictions as to where you can move, which may be limited to your current county and any surrounding counties. This is to keep the custodial parent close to where the noncustodial parent lives.

Relocation cases are fairly difficult to win, so you'll need a lawyer on your side that can help fight on your behalf. It is likely that your former spouse will challenge the custody modification, and you will have to go through mediation to resolve the issue. The easiest way to modify the custody agreement for relocation is to have your former spouse's approval. If you cannot settle the modification in mediation, it will then need to go to a trial.

Still have some questions about modifying a child custody agreement? Reach out to a local lawyer that has experience in child custody cases, since they will help ensure that you are doing everything properly.