If you and your ex have a child custody agreement and want to change it, it’s not an easy process. Even if your ex agrees to the changes, you still have to get a new agreement drawn up, submitted to the court and signed by the judge. In most cases we handle, the other parent is not willing to entertain even nominal changes. Unfortunately, when many couples divorce, they lose any semblance of a friendly relationship. The idea that your ex would agree to let you have more time with the children is nice. It just doesn’t usually work that way for our Greenville custody lawyers. In most of the cases we handle, we need to file a motion on behalf of our client. Even if we can negotiate some changes with the other side, it is rare that they agree to all of our client’s demands.
Ideally, we will avoid going to court if that’s possible. However, we are here to do whatever we can to help you reach the best possible outcome. To get the process started, you just have to contact one of our family law attorneys in Greenville. We can set up a date and time that works for you and have you come into the office.
Do You Have an Existing Child Custody Order from the Court?
It’s important that you provide your Greenville custody lawyer with a copy of your current custody order. If you were recently separated or divorced, you probably have a child custody arrangement written in your marital settlement agreement. If you and the other parent were never in a long-term relationship, you may have a court order from years prior when you initially decided on child custody.
Our attorney will need to see the details of your child custody order. Not only will this provide them with the details of the arrangement, but it will also give your Greenville custody lawyer the case caption and court information they need.
Your Greenville Custody Lawyer Can File a Motion on Your Behalf
If it isn’t possible to negotiate a settlement on a new custody agreement, your family law attorney in Greenville will file a motion. This motion will need to be filed with the county family court. When your attorney files the motion with the court, they will also serve a copy on the defendant or their attorney. They’ll have a chance to file a response.
Once the judge (or their clerk) have both the petition and the response, they will make a tentative decision on the matter. They will typically let the lawyers involved know ahead of time what their tentative decision is. If either side wishes to press the issue or is unhappy with the judge’s initial opinion, they can ask to be heard. If this happens, you will accompany your family law attorney in Greenville to go before the judge. This gives both sides a chance to argue their points and question the other side.
The good news is that most issues are settled before you go before the judge. Your attorney will try to hash something out at the last minute. Of course, they would discuss any possible settlement with you before they agree to anything.
You Will Need to Attach a Certification Stating Why Custody Should Change
As part of your motion, you’ll have to write a certification as to why the judge should grant your motion. This is where you get to tell your side of the story. When you first meet with our Greenville custody lawyers, they’ll try to find out what this story is. They will do their best to make sure all the necessary and important facts are included in your certification.
Some of the information you need to include in this certification includes:
- Details of your current custody agreement
- The main reasons why you want to change the custody agreement
- Evidence that supports your request to have more (or less) time with your children
- The proposed child custody arrangement you want the judge to approve
Perhaps you have changed jobs and no longer need to work at night. This may allow you to share custody of your children. Or you may have left a second job so you can have your children more often. Whatever your reasons are, you can spell it out in your certification.
What Factors Will the Judge Take into Account?
The judge will take several factors into account when deciding your motion. Their biggest concern will always be whatever is in the best interests of the children. Even If the law is behind you as far as requesting shared custody, if the judge thinks it’s not best for the kids, they’ll deny your request. The same is true in other cases. Imagine that your ex had a substance abuse issue and the court awarded you with full custody. Your ex has now been clean for three months and is asking to have shared custody again. Our Greenville custody lawyers can oppose this motion, arguing that it is not in the children’s best interests to grant shard custody.
It’s in Your Best Interest to Let a Greenville Custody Lawyer Handle This Sort of Thing
If you’re looking to make changes to your child custody agreement, you may have to take legal action. Unless your children’s other parent has agreed to whatever changes you have in mind, you’ll be fighting an uphill battle. That’s why we recommend that you hire an experienced Greenville custody lawyer to handle this for you. They can reach out to your ex’s attorney and find out if they’re willing to entertain any changes. If so, your attorney will try to negotiate a settlement on your behalf. If there’s a way to avoid going before the judge, you want to take advantage of it. However, if the other parent isn’t willing to budge, you may have no choice. You may need your family law attorney in Greenville to file a motion with the family courts.
We suggest you contact our office once you’ve decided to move forward with your request. If you’ve already talked to your ex about the new custody agreement, that’s okay. Once they learn that you’ve hired a Greenville custody lawyer, they will probably hire an attorney of their own. This is actually a good thing. Your attorney will have a much better chance of negotiating with another lawyer than with the parent directly. If we are unable to negotiate a fair agreement, we will have no problem filing a motion on your behalf.
