Child custody is one of the most important points you and your ex will negotiate during a divorce. This encompasses not only physical—where and with which parent the child lives—but also legal custody. Legal custody determines who can make decisions about factors like the child's health care and education. While agreeing on these points is tricky, it's important to remember that child custody can be modified.

When Can You Modify Child Custody?

You can only request a change to custody if there has been a change in circumstances that will impact the child. Examples include changes to a parent's income, health, or place of residence. In some cases, the child's development—based on factors like school performance—may indicate that they would grow better with one parent. In other cases, kids reach an age where they can express their preferences in regards to custody.

What Does the Process Involve?

A request for modification must be submitted to the family court. There is a hearing to discuss the reasons and circumstances for modification. After, the court may approve or deny the request—or ask for further evidence.

The petitioning party must prove a change in circumstances to modify child custody. If a parent is moving out of state, evidence could include a copy of their new job contract in another city.

This alone isn't enough for modification. The courts will consider this information in the context of what's best for the child. A parent moving out of state doesn’t always mean they would lose custody. Perhaps they are pursuing a higher-paying job that allows them to better provide for their child. The courts look at all relevant factors to reach their determination.

For help with family law issues like child custody in Lincoln, NE, contact Payne Law Office. These attorneys know how stressful these situations can be and will show you compassion and respect while working to protect your interests. They also offer mediation in cases such as paternity or divorce. You can expect personalized and attentive service from professional, skilled lawyers with an in-depth knowledge of the law. To schedule an appointment, call the family law office at (402) 477-7246.