Going through a divorce is a stressful time, and you might be quick to agree to a custody arrangement to get the divorce finalized. If you agreed to a custody arrangement that doesn't really work for you, it can be difficult to change the order if both parties don't agree. While it is important to work with a child custody attorney any time you are discussing custody, you may have already signed your agreement before an attorney had a chance to look it over. If you are looking to change a custody agreement, you will need to establish the reasons why this order should be changed. The court system does not like to change orders unless it is beneficial to the children or both parties agree.
Changes to Your Circumstances
If you gave primary custody to your ex because you were in no position to care for your children at the time of your divorce, you'll want to show that your circumstances have changed. If you now have adequate housing and the ability to support your children, you can petition the court to change your custody order. The court looks at material changes in circumstance, and may award you additional custody if you can prove you are able to parent the children.
When Your Ex Becomes Incarcerated
Sharing custody with another person can be stressful. If your ex becomes incarcerated, you will need to petition the court for emergency custody. When your children are in your care for visitation and you learn that the other parent is not available because of jail, you will need to keep the children with you until the entire situation is figured out.
Changes to Visitation Schedule
Sometimes it is possible to make changes to your visitation schedule that are easy. If the other parent is agreeable, changing the visitation schedule should be easy. If you need to change the schedule because of work obligations, the court may make the change for you. Even when custody doesn't change, you may be able to get help with your visitation schedule if you work with a child custody attorney.
Custody arrangements are difficult to change if both parties don't agree. Once your divorce is final, the custody and visitation schedule established will be the one to follow until both parties agree to a modification. If your circumstances have improved, you can try to get more custody of your children by working with a child custody attorney.