Law Office of Jacqueline McNuttLaw Office of Jacqueline McNutt

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Will your move require child custody agreement modification?

Changes occur frequently in life. For example, getting an offer for a great new job in another city is a situation that will affect the child custody agreement you have been adhering to since your divorce.

Relocation is a common reason for requesting modification to the original agreement, but it is not the only cause. The court may consider this and other issues as long as the requesting party provides a reasonable explanation and sufficient backup.


If your child is unwilling to spend time with the other parent because he or she feels uncomfortable or unsafe, you must present evidence of the problem at hand. The court will act quickly to approve child custody modification if you can show that your child may be in danger as the result of domestic violence or abuse in the home of the other parent.


Another reason for bringing a modification request to the court is that your ex-spouse is not cooperating with the visitation schedule that you agreed to. Before making a determination, the court will review your parenting plan and find out why your ex is not following the schedule.


Relocation is a frequent reason for requesting child custody modification. The court will want to know why you or your ex wants to move away and how this will affect the current parenting plan and visitation schedule. The court will also take into account who has current legal custody of the child and who has physical custody, and whether you and your ex have worked out a plan that essentially keeps the child’s life from being unduly interrupted by the intended move.

Doing what is best

When hearing any petition for modification, the court will always consider whether the request is in the best interests of the child. This is no doubt your top priority as well, so make sure you assemble the strongest request possible to make your case.


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