If your current custody order is no longer working, you may be able to ask the court to change it. Life changes, and sometimes custody arrangements need to change, too. A Missouri child custody lawyer can help you understand when and how to request a modification.
When Can I Ask to Change Custody?
In Missouri, you cannot change a custody order just because you want something different. You must show a substantial change in circumstances and that changing custody is in the child’s best interests.
This means something important has changed in the child’s life or one of the parents’ lives. The court will also look at whether changing custody would be in the best interests of the child.
Common reasons for a modification can include changes in a parent’s living situation, concerns about safety, or one parent not following the current order.
What Does the Court Look At?
When deciding whether to modify custody, the court focuses on what is best for the child. Missouri courts consider many factors when making this decision.
The judge might look at how well each parent can care for the child, how well the child gets along with each parent, and whether the child’s needs are being met. The court may also look into any past abuse or neglect.
The goal is to make sure the child is safe and has a stable home.
What Are the Steps to File a Motion to Modify Custody?
There are a number of steps involved in filing a motion to change custody. To avoid delays or problems with your case, it’s important to carefully follow the steps.
These are the basic steps:
- Prepare a motion that explains what has changed and why you want to change custody.
- File the motion with the court that issued the original order, unless jurisdiction has changed.
- Serve the other parent with a copy of the motion.
- Go to court hearings where both sides can show proof.
- Show proof of the change in circumstances and explain why the new plan is better for the child.
It’s important to follow every step, and missing one could hurt your case.
Do I Need Proof?
Yes. You cannot simply tell the court that things have changed. You must show proof.
This could be school records, messages, documents, or witness statements. The court needs to see proof that something has changed and that changing custody is in the child’s best interests.
A Missouri child custody lawyer can help you get the right evidence and show it in a clear way.
How Long Does the Process Take?
The timeline may change based on the court and the details of your case. Some cases can be settled in a few months, but others may take longer.
The process may go faster if both parents agree to the change. If there is a disagreement, it might take longer and require more than one hearing.
Being ready can help things go more smoothly.
Call Wegmann Law Firm for Help
Custody modification cases can be complicated, especially when strong emotions are involved. Knowing what the court wants and how to make your case can make a big difference.
A Missouri child custody lawyer can help you with the paperwork, guide you through the process, and represent you in court. They can also help circumvent mistakes that could hurt your case.
Wegmann Law Firm can help you figure out your options and what to do next if you want to change a custody order. They help families all over Missouri with cases involving changes to custody. To talk to a Missouri child custody lawyer about your case, call (636) 797-2665 or fill out our online contact form.
