Child custody orders are necessary when parents separate or divorce and must be followed by both parties. Parents can create a parenting plan out of court, which is then filed for approval by the court, or the court can make these decisions. In both cases, parents are required to follow the court order. However, the lives of families can change, and the court understands this. When you need to make a change to child custody, a St. Louis, MO, modification attorney can help you.
Basis for Modification
Most family court orders are flexible to financial and personal changes in the lives of a family. What was right for parents and children at one time in their lives may not always apply. Modification helps families request reasonable revisions in these situations.
Modification is typically possible when either parent or their children experience a significant and continued change in circumstances, which means the current court order is no longer in the child’s interests, and/or the new order would be in the child’s interests.
Visitation is typically easier to modify than custody and may not require a substantial change in circumstances to modify. Because custody requires more upheaval in a child’s life, the court requires more to modify it.
Agreement Outside of Court
Parents may make a modification to a custody agreement if they agree to the change. If the change is minor enough, they may not even need to present it to the court, although you should always check this decision with an attorney.
More major changes that parents agree on can be reviewed by the court. When parents agree on the change, the court will primarily consider if the child’s interests are met by the change. A significant change in circumstances may not be required.
Modification Through Court
However, if parents disagree on changes to a child custody agreement, then a significant change and reason for the modification is necessary. It is also more important to show why the current custody order is not in the child’s interests. The parent who is petitioning for the modification has the responsibility to prove that:
- There is a change in the family’s lives.
- The change is substantial and expected to be long-term.
- The current court order is not in the child’s interest.
- The change to the court order is in the child’s interests.
An experienced attorney can help you gather evidence to prove these elements. The respondent parent can provide information showing why the change in circumstance does not require a modification to the agreement or show why the agreement should be modified in another way. The court will consider all this information when making its decision.
What May Be Considered a Change in Circumstances?
A substantial and continual change in circumstances that allows for a court order modification will rely on a family’s specific situation and the discretion of the court. Common reasons for modification include:
- The relocation of one parent, especially changing residence to another state.
- The changing needs of a child as they age.
- A change in a parent’s ability to care for their child.
- The marriage or remarriage of either parent.
- A parent is deemed unfit for custody.
- Concerns about the child’s physical or mental well-being.
- The repeated refusal of a parent to honor the custody arrangement.
These and other changes are relevant when modifying an order if they are new circumstances or if they were not considered when the initial court order was made. These changes will not mean a change in a custody arrangement is certain, however. All of the court’s decisions will be determined based on the child’s interests.
FAQs
Q: At What Age Can a Child Make a Custody Decision in Missouri?
A: Children cannot make custody decisions in Missouri. Only when they are not legally a child, either by turning 18 or becoming emancipated, can they decide where to live. Before they reach this age, they must follow court orders. A child’s wishes are considered when judges approve or create a custody agreement. However, if the child’s wishes contradict the child’s interests, then the judge will not adhere to the child’s wishes.
Q: At What Age Can a Child Refuse to See a Parent in Missouri?
A: When a child turns 18 or is emancipated, they can refuse to see a parent. A child cannot refuse to see a parent in Missouri if it is court-ordered and they are still legally a child. Of course, this is often impractical.
It is important to consider the reasons why a child is refusing to see a parent. Children deal with a lot of emotions following a divorce or separation, and it is important to address those feelings. Children may also refuse to see a parent because of a legitimate fear or concern.
Q: What Do Judges Look for in Child Custody Cases in Missouri?
A: Judges look out for the child’s best interests in child custody cases in Missouri. In Missouri, there is an assumption that joint custody is in the child’s interests unless there is proof otherwise. The court will consider several things when determining a child’s interests, including:
- The wishes of each parent.
- The child’s adjustment and connection with their community and home.
- The importance of the child having meaningful and frequent contact with both parents.
- The mental and physical health of both parents and the child.
Q: Can You Modify a Parenting Plan Without Going to Court in Missouri?
A: You can make minor modifications to a parenting plan without going to court if both parents agree on the change in Missouri. However, even if both parents agree, a more major change does require court approval.
This is different from needing a contested trial to determine a modification. Instead, the court will review the changes that parents are requesting and determine if it is in the child’s interests. This may take only one hearing to complete, depending on the circumstances.
Modifying Custody Court Orders in St. Louis
An initial custody determination can be frustrating and emotional, and the same can be true of modification proceedings. The support of an attorney can be incredibly beneficial for your family, even if you and your co-parent are working out a modification together. An attorney can help you determine when the change must be handled through the court and whether the court is likely to approve the change.
An attorney’s advice can make the process much easier for the whole family. Contact the skilled attorneys at Stange Law Firm today.
