December 3, 2020
Cases involving changes to parenting time or custody of your child are also known as child custody modifications. Child custody modification changes a previously-existing arrangement resolving where and with whom children will live, and who will control important aspects of those children’s lives such as education, health, religious training, extracurricular activities and more. These plans may need to be revisited and revised as your child or children grow. There are two types of custody, legal and physical custody. Physical custody is exactly what it sounds like, custody of the child’s person, or body, in terms of time and living arrangements or visitation schedules. Legal custody is either sole or joint, nearly always joint, and deals with the control of the child’s religious, educational, and medical choices.
If a parent wants a major or permanent change, then a formally filed order through the court may be necessary especially when it comes to physical or legal custody arrangements. If parents cannot come to an agreement or either parent does not support the modification, then the case is considered contested and it is strongly recommended that you seek the advice of a child custody modification attorney at Juris, who can determine whether the adjustment is advisable, and if you should pursue legal action.
The court systems in Kansas and Missouri will not disrupt a child’s well-being and way of life for insignificant reasons. These courts systems will examine any and all reasons a parent requested the modification, before ordering any adjusted modification decree. There are many reasons for child custody modification such as addressing a child’s needs, physical relocation, visitation scheduling issues, child endangerment, or the unfortunate death of a parent but to modify a current custody arrangement you must be able to show a sufficient change of circumstances of the child or the physical custodial parent. This is often confusing when a parent who does not have primary residential custody has a change in their life, but that is typically not enough to trigger the state statutes required to modify custody.
For child custody modifications to occur, Kansas and Missouri require proving a change in the circumstances of the child or the custodial parent or some other triggering event to allow for a modification. When it comes to post-decree or post-judgement modifications of child custody, support, and visitation, we are experts with helping you navigate the Court process and even try helping you avoid the need for Judge intervention. We have successfully represented parents who were the primary causes of the conflict, and the ones who were defending against it.
Our attorneys are tough but fair and excel at representing the rights and desires of our clients without causing additional conflicts with the other party. If you are in the Kansas City metro area and are need of child custody modification, contact us today for a consultation, or call us at (913) 764-8844 to discuss any questions you have regarding your case.