When a child custody agreement is devised, the child’s best interests are always the number one consideration. Since a child’s needs and circumstances can change over time, Hawaii family law allows for modifications to be made to these agreements to benefit the child. Here are a few common reasons why an agreement may warrant a change.
When You Can Modify a Child Custody Agreement
1. Your Child Is in Immediate Danger
Hawaii family law will grant changes to an agreement if it’s determined that a child’s current living situation puts them in immediate danger. Examples include proven instances of domestic violence, neglect, or drug abuse in the custodial parent’s home.
2. You or Your Ex-Spouse Move
If you or your ex-spouse plan to relocate to the mainland, the agreement will need to be reviewed due to the upcoming geographical constraints. The court will base its custodial decision on several factors, including whether the move would make the current visitation agreement difficult or impossible to follow, and whether the move would upend or negatively affect the child’s life.
3. Your Ex-Spouse Isn’t Complying With the Current Agreement
If your ex-spouse fails to follow the terms of your current custody arrangement, a modification may be granted by Hawaii family law. Failing to comply can include being continuously late for pickups or ignoring agreed-upon visitation schedules.
4. Accidents, Medical Issues, & Death
In the unfortunate event that your child is in an accident or becomes sick and needs specialized care outside of the state, the court may grant a custody modification. The same is true if you or your ex-spouse gets into an accident, falls ill, or becomes unable to care for your child properly. Additionally, your death or your ex-spouse’s death would require a modification to the agreement.
If you believe your agreement requires modification, contact the skilled legal team at the Law Office of Carmen DiAmore-Siah in Honolulu, HI. For over 25 years, this firm has helped clients across Oahu navigate the complexities of family law, including divorce and custody agreements. Learn more about their services online, or call (808) 531-2277 to schedule a free consultation.