When divorce changes the living arrangements of a family, the courts determine how the children will continue to spend time with their parents. This includes the time children spend with the parent who is responsible for making decisions, and with whom the child primarily resides.
A father’s rights include the ability to contest visitation and custody and to modify an order. There are many valid legal reasons for modifying an existing custody or visitation order, such as changes in the child’s needs, parental relocation, or significant alterations in a parent’s lifestyle that could affect the child.
Here is a step-by-step guide on how fathers can initiate a modification request, including gathering evidence, filing the necessary legal documents, and preparing for court proceedings to effectively present their case for adjustment.
Why Fathers May Modify Custody or Visitation Orders
The court awards custody and visitation based on what is in the best interest of the child, and if circumstances necessitate that the order be altered to continue to uphold this interest, the court will do so.
Fathers seeking an amendment to the order can see the greatest chance of success by demonstrating that a revision to the order would be an improved benefit for the child. Valid reasons may include:
Best Interest of the Child
The success of the child is the court’s greatest consideration in custody. Elements that are commonly considered to impact the child’s best interests include:
- Accessibility of high-quality education
- Availability of medical care
- Proximity to enriching opportunities (extracurricular and civic activities)
- Suitable living conditions/environment
- Availability of reliable transportation
These are just a few possible elements that the court will evaluate when determining what is in a child’s interest. If fathers can prove that they provide a superior outcome in these and other areas, they may have a better chance of successfully modifying a custody or visitation order.
Relocation
Another possible reason to substantiate a petition to modify a custody or visitation order is relocation. If one parent is moving to a location that makes the existing arrangement no longer feasible, the parent who is being negatively impacted may petition to modify the order to adjust the custody or visitation agreement.
This could result in primary custody being reallocated to the parent who previously did not have primary legal or physical custody.
Life Circumstances Change
Any change in life circumstances that could impact the child’s best interests can be put forth in a petition for a modification of custody or visitation. Such changes may include:
- Loss of job and or assets (e.g., home foreclosure, car repossession)
- Significant illness that results in extended hospital stays
- A mental health crisis
Any parent seeing a child affected by a negative turn of circumstances should discuss the matter with an attorney for the most expedient resolution.
How to Modify a Custody or Visitation Order
If fathers believe they have sufficient cause to support a modification to a custody or visitation order, they must file a petition to do so. The legal process for modification will require elements unique to each family. In general, the fathers can expect:
Step 1: Gathering evidence
Before submitting any applications for modification, fathers should gather applicable evidence to support their claims. Statements from friends and family attesting to the father’s participation in the child’s life, payroll statements demonstrating income, or highlighting a father’s educational, medical, and religious participation in the community may support the petition, among many other options.
Step 2: Filing documentation
The person making the petition will need to complete Form DR 7 and make payment of the appropriate filing fees. Once the father has prepared his form, he may submit the petition to modify the custody or visitation order with the court and include copies of the evidence he has collected. Typically, fathers will also need to request a hearing or proceeding in addition to filing the petition.
Step 3: Preparing for court proceedings
Once the proper paperwork has been filed, the court date will be determined. During this time, work with an attorney who will prepare an appropriate strategy and complete any remaining paperwork.
Step 4: Presenting the case
Once the court date arrives, fathers will need to present and defend the argument made in their petition. With this information, and any from the opposing party, the court will determine whether to modify the order and, if so, in what manner.
Trust Milstein Siegel to Modify Visitation or Custody
If you want to submit a petition to modify custody or visitation arrangements previously created by the court, compiling the right evidence before submitting the petition is essential.
An attorney experienced in fathers’ rights can help you present the best case. Contact Milstein Siegel to schedule a consultation to begin a custody or visitation modification.