Sometimes, after you receive a child custody order, circumstances may arise that justify a change to the child custody agreement. For example, you or the other parent may have started a new job, or your child may prefer to live with you now instead of your ex.
You might wonder how you can go about modifying your child custody agreement to consider the changes that have occurred. Here’s what you need to know.
The Legal Effect of Child Custody Orders
When parents seek intervention from the courts to determine child custody and the court makes an order, the order is legally binding. Both parents must comply with the order’s terms unless the court has approved a modification. If either parent violates the terms of the child custody order, they can face significant legal consequences.
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The Legal Effect of Child Custody Modifications
Parents are encouraged to work together to resolve issues that may arise while co-parenting, but official modifications may be necessary when material changes that differ from the situation when the previous order was sought occur.
When an official child custody modification has occurred, the new order takes the place of the previous one. The parents must now comply with the terms of the new order. If either parent fails to comply with the new order, they can face legal consequences.
Benefits of Seeking a Formal Child Custody Modification
Even though you might consider an informal agreement, there are benefits to seeking an official modification from the court, including:
- Enforceability by the court: If you and the other parent reach a different agreement regarding child custody, that is not enforceable by the court if you did not modify the order with the court. The court can only enforce the original order. If the other parent decides they don’t want to do whatever you two agreed upon, they could simply renege, and you would not have legal grounds to enforce the agreement.
- Clarity: Seeking a new official order may help provide more clarity over an informal agreement. Parents and children may get confused when there is not as much structure as an official order offers. The other parent may try to take advantage of the situation and ask for more than you are comfortable with when you’re working outside the supervision of the court.
- Child support changes: When custody changes, this can affect child support obligations. It may be fair to adjust the amount of support to account for more or less parenting time.
- Access to enforcement services: When you have an official child custody agreement, you may be able to receive child support enforcement services, which can include income assignment orders, interceptions of state and federal tax refunds, driver’s license suspensions, contempt of court proceedings, and other actions that can incentivize the other parent to pay child support on time.
An experienced child custody lawyer can help petition for a modification of child custody.
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How To Seek an Official Child Custody Modification
If you and the other parent agree to the changes you want to make to your child custody order, you can present your agreement to the court and ask it to approve it. However, if you and the other parent do not agree on the proposed changes, you would need to petition for a change in child custody.
You must initiate this process by filing a petition in the parish where the person awarded custody is domiciled or where the custody decree was rendered. An experienced attorney can help prepare the legal paperwork necessary to initiate the proceeding and work to gather evidence to support your position.
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Skilled Legal Representation Matters in a Child Custody Modification Case
Child custody modifications can be complex, especially when parents disagree on the changes. While you may not need to go to court to decide the terms of your custody agreement if both parties are in agreement, obtaining formal court approval ensures the arrangement is legally binding and enforceable.
If you would like to learn more about your legal options for modifying your existing child custody order, contact the Knight Law Firm for a confidential consultation.
Contact the Louisiana Family Law Attorney at Knight Law Firm for Help Today
Contact our family lawyers at Knight Law Firm for a consultation. We proudly serve Shreveport, Monroe, Ruston, and the surrounding areas of North Louisiana.
Knight Law Firm – Shreveport Office
401 Market Street Suite 1006
Shreveport, LA 71101
(318) 569-8469
Knight Law Firm – Ruston Office
111 Kilgore Rd
Ruston, LA 71270
(318) 722-8919
Knight Law Firm – Monroe Office
1896 Hudson Cir N #1
Monroe, LA 71201
(318) 323-2213
Call or text 318-323-2213 or complete a Case Evaluation form
