When parents divorce, they make a custody agreement. This agreement is intended to remain in place for the long term to provide stability for the children. However, sometimes, circumstances change, and a custody arrangement must be modified. When this happens, parents must make a request through the courts.
Reasons for Changing a Child Custody Plan
Parents can usually make minor changes to a parenting plan, such as switching weekends or altering a visitation time, without court intervention. But, when one parent needs to make a significant change, a judge must approve the modification.
Requesting a custody modification simply because the parties involved no longer like the plan is usually not enough to satisfy the courts. You will need to present a legally valid reason. Three common reasons a judge may grant a modification to your custody agreement include:
- Relocation – If one parent must relocate far away, the court will consider a custody modification. For example, a judge may allow one parent to move with the child and grant the non-custodial parent extended visits over the holidays. Modifications based on relocation are not always permitted.
- Inability to co-parent – There are many reasons co-parenting may no longer be possible, including instances of child abuse and neglect, substance abuse, or a change in circumstances that makes it impossible for one parent to physically or financially care for the children.
- Child preferences and needs – The courts usually will not grant a modification just because a child likes one parent better or prefers the rules of one household over another. A judge will consider a child’s preferences regarding issues like remaining in a particular school or having access to extracurriculars. The courts will also consider a child’s medical needs and access to healthcare when an injury or illness is involved.
How to Modify a Child Custody Agreement in Missouri
According to the Missouri Courts, to make a formal change to a child custody agreement, parents must file A Motion to Modify Child Custody (CAFC101). If both parents agree to the motion, it is uncontested, and the judge will likely grant the modification without a formal hearing.
If one parent does not agree, the modification is contested, and the parties must attend a hearing. The parent requesting the change must provide evidence to the court demonstrating that it is required. The burden of proof establishing that the change is necessary varies depending on the reason for the request. Additionally, a change in custody may also lead to a child support modification.
If you or your co-parent requests a modification, it can benefit you to work with a child custody lawyer serving St. Louis County and St. Charles County. An attorney can guide you through the complex family court system and protect your rights.
Contact the Law Office of Amy L. Gervich
The Law Office of Amy L. Gervich focuses on helping families develop positive solutions when faced with life-changing events. Our legal team is experienced in family law issues, including divorce, child custody, and child support. Contact us online or call (314) 725-7901 today to connect with a child custody lawyer serving St. Louis County and St. Charles County.
