Will The Court Approve Modifying Your Child Custody Agreement?

A new job offer means moving across the state with your young son and the resulting modification of your child custody agreement.

The court always considers the best interests of the child when a major change will affect a child custody agreement. Can you expect the court to approve your modification request?

Reaching Agreement

In planning to relocate with your child, you must gain the approval of the court for child custody agreement modification. However, the first step is reaching an agreement with the other parent. The court must then approve that agreement.

Considering Various Factors

When determining the best interests of the child, a judge will consider factors including:

• The age of the child: For example, a toddler needs more focused care and attention than a pre-teen requires
• Changing routine: The judge will want to know how a child will react to a major change in routine
• Parenting ability: How able the custodial parent is to meet the physical and emotional needs of the child, such as providing food, shelter, education and medical care

Showing You Care

When you petition the court for approval to modify your child custody agreement and relocate with your child, explain how visitation with the other parent will work going forward. Describe the new neighborhood and the educational and recreational opportunities for your son in the new community. Most important, prepare to demonstrate that you are actively involved in the day-to-day life of your son, that you provide him with loving care and that you will continue to make his best interests a priority.