Child custody arrangements dictate where and with whom a child lives and the amount of parenting time shared between parents. These plans can be legally modified via a court order if parents seek to amend the court's decisions. If you need to change an existing child custody order, you'll need to take three steps, which are discussed in detail below.

3 Steps to Changing a Child Custody Order

1. Work With the Other Parent

As a first option, consider working with the other parent to figure out more agreeable custody terms. This will likely only be an option for parents who have an amicable relationship. The two of you may be able to come to an understanding about how custody will be amended moving forward. Bear in mind, however, that this understanding is not legally binding, and any decisions made should be submitted to the courts, so the new arrangement can be reviewed and approved by a judge.

2. File a Petition

This step should be pursued regardless of whether or not you were successful with Step 1. File a petition with your family law court asking them to modify the existing order. This will involve the submission of legal documentation and preparing for a court appearance, so many parents choose to have the support of a family lawyer during this phase. A lawyer will handle all the paperwork, advise you on how to present your case to the court, and how to address any questions the judge or opposing counsel might have.

3. Attend a Hearing

At the hearing, you will present your argument for changing the custody order as it currently stands. Your ex will also have the opportunity to present their side, which may or may not be in line with your own, depending on the outcome of Step 1. Be prepared to show sufficient justification for a custody modification; commonly cited reasons include risks to the child's safety, the relocation of one of the parents, a new work schedule for one of the parents, or the needs and wishes of the child changing with age.

Amending a child custody order is a legal process that needs to be handled with care and professionalism, so enlist the help of the Law Offices of Brian J. De Lima to protect you and your family at every stage. For over 34 years, they’ve provided legal representation in family, criminal, and personal injury law cases to clients throughout the Big Island. Call (808) 969-7707 to schedule a consultation today, and visit them online to learn more about their practice areas.