Can I Modify My Custody Agreement?
When you initially go through divorce proceedings, you and your spouse will either agree on a custody situation, or if you cannot agree, a judge will make a determination for you. It can be heartbreaking if you lose custody of your children or don’t receive the amount of custody you feel you deserve.
The judge’s order is NOT written in stone. You can fight for more custody and get it in certain circumstances. It is not an easy thing to do, so you need to take your time and prepare your case well. You cannot simply ask for more custody just because you think you deserve it. You have to show the judge a compelling reason to change the order. This may include:
- Fear for your child’s safety – If you can prove domestic abuse or that your ex-spouse is not caring for your children.
- Change in income – If your ex-spouse loses his/her job or goes through a financial setback and can no longer afford to care for your children.
- Refusal to follow custody ruling – If your spouse refuses to allow you the visitation and custody you are allowed under the law.
- Death of the other parent – If your ex-spouse passes away.
If you think you have a compelling case for requesting increased custody or full custody of your children, the first step is to hire an experienced divorce attorney to help you make your case. If you live in Temecula, contact the attorneys at Albrecht & Albrecht.