The simplest procedure to modify a child custody order is if both parents consent to the modification. The best practice is to commit the agreement between the parents to a signed consent agreement, and file the agreement with the Domestic Relations Court that has jurisdiction over the child.
It becomes more complicated to modify a child custody order if both parents do not consent. In order to modify a child custody order, it typically begins with one (or both) of the parents filing a motion to modify the child custody order with the Domestic Relations Court.
A court will not modify a child custody order unless it finds based upon facts that have arisen since the prior custody order, or were unknown to the court at the time of the prior custody order that (1) a change has occurred in the circumstances of the child, or the child's residential parent, or one of the parents with a shared parenting plan; and (2) the modification of the custody order is necessary to serve the best interests of the child.
Do you want to find out if a modification of your current child support order is possible? The attorneys at Bailey & Gunderson, with offices in Norwood, Western Hills and Anderson Township, can help. If you should have any questions, please call us at 513-631-0022.
