300+ Google Reviews
If a family law judge issues a child custody order, it is considered to be “final.” That wording can be confusing, however, as you have the right to petition to alter that final order in some situations. Changing an order might be possible for you with the help of a practiced child custody attorney at Schiller & Hamilton.
A petition to modify a legal agreement is never guaranteed to be successful. There are certain requirements a parent must meet for the court to agree to alter their original agreement. A Beaufort child custody modification lawyer could evaluate your situation and advise you on how to pursue a change to your order.
Reasons to Alter Child Custody in Beaufort
There could be any number of reasons why a parent might wish to modify an arrangement. Often, parents seek a change based on allegations that the other parent is unfit. Determining viable grounds for modification to the child custody agreement could be possible with the help of a Beaufort attorney.
Non-Custodial Parent Rehabilitation
If a parent loses their custody rights due to personal issues, including substance abuse or incarceration, a material change in circumstances could include evidence of rehabilitation. Resolving the issue that resulted in a parent’s loss of rights could be enough to spur an alteration.
Fitness
One of the most common grounds for a change of custody request involves allegations of unfitness. If one parent can establish evidence that the other parent is unfit, the court could find it necessary to modify the arrangement. This could involve eliminating visitation for a non-custodial parent or even altering the order entirely. A skilled Beaufort attorney could help someone further understand how fit a parent is in a custody alteration case.
The Kid’s Preference
The preference of the child is just one of the factors a judge must consider, and it could represent grounds to modify custody. The court is required to take a child’s preference into account if considering a modification, but the judge is not obligated to grant that request. The older a minor is, the more weight the decision is given.
What is the “Best Interest of the Child” Standard?
Any time the courts are tasked with determining custody issues, the law requires that they do so while considering the best interest of the kid. This legal standard must be met even if both parents agree to the change in the order.
A Beaufort custody modification attorney could provide a parent with insight into how a judge might consider the best interest of the child. In total, there are seventeen individual factors that a court must apply when taking into account this standard.
These factors vary, with many of them relating to the wishes of both the child and the parents. Other factors include how the modification might impact the relationship between the minor and each parent. A judge must consider all of these factors together if determining whether to grant or deny a request to modify custody.
Call a Beaufort Child Custody Modification Attorney Right Away
A child support order might be considered “final,” but it is not the final word on your rights as a parent. In some circumstances, you could petition the court to alter the terms of the agreement.
A Beaufort child custody modification lawyer could provide you with the opportunity to strengthen your relationship with your kid. Call Schiller & Hamilton right away to learn more.