If you have an existing custody arrangement, and you think that arrangement is putting your child in danger, you may want to initiate a modification to your custody arrangement. A motion must be made before the court requesting the modification, and evidence must be presented that explains why the change should be made. If one parent becomes addicted to drugs or alcohol, it is in the best interest of the child that a modification of the custody arrangement happen. A modification can be for physical custody, legal custody, or both. The court can make an immediate change creating a new temporary order if necessary to ensure the child’s physical and emotional safety. If an agreement cannot be made between the parents, and the court cannot see immediate need for a temporary order to modify the custody arrangement, the parents may be ordered to participate in a custody evaluation to help determine what is best for the child. If the parties are still not able to come to a resolution after an evaluation, the Court can hold an evidentiary hearing where each party can present their evidence and the Court can then make a decision based on that evidence. Establishing custody arrangements can be difficult, being in a situation that you have to worry about your child’s safety due to that arrangement is even more stressful. If you think you need help changing your custody arrangement, contact Ken Wasche today to find out what steps need to be taken to commence a custody modification.
Do you think your child is in danger?
Apr 20, 2022