Following a divorce, you might wonder whether your custody agreement can be changed. Depending on the unique circumstances, it may be possible to modify a custody order. However, you will have to demonstrate that you have experienced a change in circumstances since the original custody order that is substantial and ongoing. Please continue reading as we explore what you should know about these matters and how our skilled Bristol County Child Custody Lawyers can assist you during these difficult times.
Can You Modify a Custody Agreement After a Divorce in Massachusetts?
While a court order establishes custody arrangements after a divorce, it’s important to understand that these orders can be modified under certain circumstances. However, it’s not a simple process as it necessitates proof of a substantial change in circumstances. A “change in circumstances” typically refers to a situation that arises that was not foreseen when the initial custody order was forged. This may include:
- Parental relocation (moving out-of-state)
- A parent’s substance abuse problems or neglect
- Domestic violence
- Changes in the child’s needs or circumstances
- Older children’s preferences
- Parental incapacitation
- Parental remarriage or cohabitation
- A parent’s refusal to comply with the existing custody order
- Employment changes
You should note that the burden of proof lies with the parent seeking the modification. They must demonstrate that a substantial change in circumstances has affected either the child’s welfare or their ability to care for the child. Massachusetts courts prioritize the child’s best interest above all else when determining whether to modify a custody agreement. Although parents can agree to modify their custody arrangements, the court will still need to approve the joint petition to ensure the child’s well-being. It’s advisable to consult with an experienced family law attorney for guidance on how to navigate these complex issues.
How Do I Seek a Modification?
If you are looking to modify a child custody order in Massachusetts, you will need to file a “Complaint for Modification” with the appropriate family court. As mentioned above, you must demonstrate a material and continuing change in circumstances that warrants a modification as it affects the child’s best interests.
To address immediate needs while waiting for a final modification order, you may need to request a temporary custody order. This requires a proposed order form, specifying what you want the new temporary order to outline. It’s also necessary to include affidavits that support your request, which can include new facts or events.
Given the complexity of custody matters, it’s highly recommended to connect with a qualified attorney from The Law Offices of Cynthia L. Hanley, P.C., who can help you understand your rights and options. We are prepared to help you navigate the system and work towards a mutually agreeable solution that best meets your child’s needs. Connect with our firm today to learn how we can fight for you.
