Changing Child Custody – Joint Custody of Children

The first thing that must be recognised is that changing child custody arrangements is a relatively straightforward process provided one thing exists-the agreement of both parents.
It simply involves coming to an agreement with your former partner and submitting it to the court for approval.

However where that agreement does not exist, you will need, if you are the non custodial parent, to bring a Motion for Modification to court and seek the court’s approval. To get the approval of the court you will need to show that there has been a significant change in circumstances which are detrimental to the child.

You must bear in mind that the court is always obliged to put the interests of the child first and this will be at the forefront of the judge’s mind.

The matter is put down for hearing after you have filed the appropriate papers with the relevant court clerk and served the papers on your former partner. Most states will insist on proof of service on your former partner before giving you your day in court.

And the strength of your case will be influenced greatly by the amount of evidence you can produce to show the changed circumstances that the court will need to see. The process is not nearly as complex as you might feel and most staff in court clerk’s offices are very helpful.

It is sensible though to do some basic research on the process first and in particular to learn about the criteria that the court will consider important in your application.
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