It’s not unusual for parents to have court-ordered child custody or child visitation put in place when going through a divorce, separation, or sharing a child together but aren’t in a relationship.
When Can Custody or Visitation be Modified?
Child custody orders may be modified in two basic situations:
- When a parent has violated a court order, and
- When one or both parents allege changed circumstances.
Either parent has the ability to request to return to court and petition for there be a change in custody and/or visitation if there’s a substantial change in circumstances that simultaneously supports the parent’s claim that a change in custody and/or visitation is in the best interest of the child(ren).
After a court hears a parent’s motion for a change of custody and believes as a result that there are proper grounds for the requested change, it’s possible that a custody evaluation be required to be performed. One of the main factors affecting the outcome of the evaluation is how each parent presents their issues.
Do I Need a Lawyer to Modify a Child Custody or Visitation Order?
Although you can represent yourself in family court proceedings, including petitioning the modification of a child custody or visitation order, hiring a local child custody lawyer will be highly beneficial.
Whether you’re dealing with child custody/visitation, or any matter pertaining to family law, our lawyers can guide you through the process and ensure that your petition is prepared according to the rules set by your jurisdiction. Please contact our office at (631)643-3084 to schedule a consultation and we will be happy to help you. We have bilingual staff available. Hablamos Español.