What Are Tips For Modifying A Custody Agreement? 

What Are Tips For Modifying A Custody Agreement? 

Child custody agreements are essential for outlining the responsibilities and parenting time of each parent after a separation or divorce. However, life circumstances are rarely static. Jobs change, children grow older and unforeseen events can arise. When these changes occur, adjustments to a custody agreement may be necessary to ensure the best interests of the child are protected. Understanding the process of modifying a custody agreement is important to help make the transition smoother and less stressful. Below, we at Iafrate & Salassa, P.C., share tips for parents navigating this process.

1. Review Your Custody Agreement and Court Procedures

Before pursuing a custody modification, it is crucial to thoroughly review your existing custody agreement. Familiarize yourself with its terms, particularly those related to parenting time or custodial responsibilities. This foundation will help you understand what changes you are requesting and how they align with your current circumstances.

Equally important, understand the legal requirements and procedures for modifying a custody arrangement in Michigan. These vary depending on whether the modification is agreed upon by both parents or if the court will need to resolve the matter. Michigan courts require a motion to modify custody, which means you’ll need to have your agreement approved by a judge.

2. Consider How You Want to Respond

If you are requesting a modification, or if the other parent has filed a motion to modify custody, you must decide how to proceed. If you are the parent filing for modification, determine the specific reasons for your request and gather any supporting evidence. If the other parent has initiated the motion, carefully read their filing to fully understand what they are asking for and why.

You can choose to file a written response to the court and attend the hearing, attend the hearing without responding in writing or choose not to respond. However, it’s strongly recommended to participate actively in the process. Filing a written response and attending the hearing ensures that your side of the story is considered. If you fail to attend the hearing, the judge may issue a ruling without your input, which could result in unfavorable changes.

3. Pay Attention to Deadlines

Court cases are bound by strict deadlines. Whether you are filing a motion or responding, it is important to adhere to all required timeframes. For example, responses to custody modification motions often need to be filed before the scheduled hearing. Similarly, copies of your response must be shared with the other parent within specific timeframes.

Failing to meet deadlines can result in missed opportunities to present your case or could even lead to the court dismissing your motion. Staying organized and keeping track of all important dates is key.

4. Understand Key Factors the Judge Considers

A judge’s primary concern when deciding whether to modify a custody order is the best interests of the child. To reach a decision, Michigan courts evaluate several factors, including the stability of the child’s current custodial environment, each parent’s parenting ability, the emotional ties between the child and each parent and any significant changes in circumstances.

The court also examines whether the requesting parent can demonstrate “proper cause” or a meaningful change in circumstances that justifies the modification. Examples include parental neglect, substance abuse issues or substantial changes in the child’s needs. Minor or routine changes in life, such as a child’s preference or a parent’s financial situation, are typically not enough to meet this standard.

5. Seek Professional Guidance

The legal process can be daunting, especially during an emotional time like a custody dispute. Hiring an experienced family law attorney to guide you through the process can make a significant difference. At Iafrate & Salassa, P.C., we help parents prepare their motions, gather evidence, respond effectively and advocate for their child’s best interests in court. Whether you are requesting or opposing a custody modification, we will help you understand your rights and options every step of the way.

Contact Us for Support

Modifying a custody agreement can be a complex and emotional process, but it is one that must be approached with care and professionalism. At Iafrate & Salassa, P.C., we are committed to providing personalized and compassionate legal support to help you seek the best possible outcome for your family. Contact us today to schedule a consultation and discuss your custody modification needs.