Changing Custody of Your Child to Live with the Non-Residential Parent

During a child's teen years, it is not uncommon for them to want to move in with their non-residential parent. Changing custody will require submitting a motion for a change of residential parent to the court. Essentially, the judge will have to be convinced that a change in circumstance has occurred, and that the original court ruling should be reviewed and modified.

If Both Parents Agree to the Change

The change of custody, or residential parent, will be much easier to get accomplished if both parents agree to the change. In some cases, the motion will be upheld without having to appear before the judge and new legal custody papers are filled out. However, the court will always choose to do whatever is in the best interest of the child when establishing custody. If there are any particular circumstances of you case, such as alcohol or drug abuse by the other parent, history of domestic violence, or any other issues that may impact a judge's decision, be prepared to go to court.

If Both Parents Do Not Agree to the Change

In some cases, only want parent will be trying to get residential custody changed. These situations are much more difficult, as the other parent will likely be arguing against the child custody transfer in court. Additionally, it is generally difficult to change custody arrangements, as courts are reluctant to overrule previous decisions.

Going to Court for a Custody Change

If it turns out that a court hearing will be necessary, some time needs to be taken to look into child custody law firms and prepare a case, in some cases a child custody investigator may also need to be involved. The mindset of the court is such that the best interests of the child are at the forefront of any decision. This should be the main focus of any argument. In many cases, the desire of the child to live with the other parent will be the driver of a motion to change residential parent. Even so, their desire comes second to what is best for them, both financially and emotionally when it comes to minor child custody.

The argument in court should reflect, perhaps, a better suited family structure of the other parent, greater financial means for education, or a more stable living environment. Additionally, the original court ruling, as far as custody arrangements, needs to be considered, and it should be shown that the circumstances upon which the original ruling was made had changed, and the original decision should be modified.

Child Support After a Custody Change

Frequently, when there is a change of custody, any arrangements regarding child support will also need to be re-evaluated and modified; a modification of child support is necessary for the child's well being. These arrangements vary widely from case to case, depending upon the financial means of both parents.

This article is only a brief overview of child custody modification and child support questions. Nothing published here should be taken as legal advice. Always seek competent legal counsel for any legal related questions. Keep in mind, for procedural questions, a court clerk will be able to help you; however, they are unable to provide any legal advice. If you cannot afford an attorney, ask the court clerk if they can provide you assistance in the form of legal counsel.

• The content of this article is provided for informational purposes only. If you need help with a child custody problem, click here to talk to Grace Gardiner, or a Child Custody Lawyer near you.