Fathers Paternity Rights in FloridaDespite his best efforts, a father might not win child custody during divorce. Reasons include failure to make a strong case to a family court judge or issues that do not support the view that he is the better caregiver. The outcome can be mentally and emotionally devastating but there is a way to change it. A non-custodial father can petition for modification of child custody arrangements and get some expert assistance to increase his chance of receiving it.

Court-issued child custody orders can be modified due to changes in circumstances. Many parents experience lifestyle changes following divorce that render existing custody arrangements less than ideal. In the best-case scenario, both parents agree to modify the custody arrangement. With assistance from a family law attorney, they file a revised custody agreement with the court, which is quickly approved.

Unfortunately, a custodial parent may not be willing to share or relinquish custody. When parents cannot agree to modify custody arrangements, the case must go before a judge, who can be difficult to convince. Retaining a family law attorney for child custody help is strongly recommended for the petitioning parent. Otherwise, the effort may be a fruitless one, resulting in no changes to custody.

Most states require the non-custodial parent to file a petition or motion with the court requesting the custody change. An immediate decision is not likely and a hearing is scheduled so a judge can listen to arguments from both sides. Only major circumstantial changes that render the existing custodial home unsafe from a physical or emotional standpoint warrant modification of a custody arrangement. Modification may also be granted if an older child wishes to change his or her primary household.

It is not enough for a non-custodial father to claim that the home of the mother is a dangerous place. Proof is required in the form of documentation such as police reports and testimony from individuals who have witnessed the situation first-hand. A family  law lawyer can help the father find a counselor to talk to the child and testify about how the changed conditions have impacted the youngster.

The process of changing a child custody order is complicated and varies by state. Every child custody case is different so each requires different evidence. To build a strong, comprehensive case that will convince a judge to modify an existing custody arrangement, get child custody help from a family law attorney.

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1 thought on “If My Wife Has Custody, How Can I Get It?”

  1. Need direction for my son. He is trying to keep his head above water to pay child support, so money for attourney is limited. There is so much free help for mothers but not for fathers. His son has behavior problems and is only 6 years old. The mother has moved in with a man with 4 kids and the sons behavior has gotten worse and is now expelled from school. He was in a behavioral unit at hospital and they medicated him and sent Mom for parental classes. His behavior at my sons is wonderful because he gets a lot of one on one. She refuses to give my son custody to determine if he can make a difference with more time with him. My son doesnt even know who to call for advice and what information he needs to go back to court. Someone told him that as long as he physically is taken care of, the court wont look at the emotional health. Any advice as what group could help him?

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