How Do I Modify My Child Custody Agreement? 

How Do I Modify My Child Custody Agreement? 

Facing a change in circumstances after a divorce can be a challenging and often disorienting experience, especially when a specific child custody plan is put in place. The law recognizes this in Michigan and provides mechanisms for modifying existing child custody agreements when significant changes occur. 

Navigating child custody laws and the modification process can be complex. As a parent, your utmost priority is to ensure your child’s best interests are met. That’s why Lucido & Manzella, P.C. is here to provide the guidance and support you need.

Understanding Michigan’s Child Custody Laws

In Michigan, child custody decisions are guided by the “best interest of the child.” This principle refers to the conditions that best promote the child’s happiness, mental health, and overall well-being. The court considers several factors when determining this, including the child’s emotional ties with parents and siblings, the capacity of parents to provide guidance, and the permanence of the family unit in the current custodial home.

When Can You Modify Child Custody?

A child custody modification can be requested when a “material change” in circumstances occurs. This refers to significant changes that directly impact the child’s well-being. Examples of material changes include relocation of a parent, changes in employment that affect parenting time, or incidents of domestic abuse.

How to Request a Custody Modification

1. Identify a Significant Change in Circumstances: First, identify if a significant change has taken place that may warrant a modification. This could be related to the child’s environment, the parent’s lifestyle, or other factors impacting the child’s well-being.
2. Consult an Experienced Family Law Attorney: Legal proceedings can be complex and stressful. Consulting with a seasoned family law attorney can provide clarity and guidance. At Lucido & Manzella, P.C., our attorneys have extensive experience in family law and are well-equipped to guide you through the process.
3. File the Motion to Change Custody Forms: Once you have established a material change, you must file a ‘Motion Regarding Custody’ form. This document outlines the changes in circumstances and your request for modification.
4. Prepare for the Hearing: Prepare to present your case before the judge. This involves gathering evidence, such as witnesses or documents, that support your claim of a significant change in circumstances.

Dealing with Denial of a Modification Request

A denial can occur if the court finds no significant change in circumstances or if the proposed modification is not in the child’s best interest. In such cases, understanding the reasons for denial can help you evaluate your options. An experienced attorney can guide how to address these issues and whether to appeal the decision.

Get Started Today  

Modifying your child custody agreement doesn’t have to be complicated. At Lucido & Manzella, P.C., we are committed to providing tenacious legal representation. Whether you’re dealing with a child custody modification or another family law issue, our experienced and aggressive attorneys are prepared to fight for you. Your child’s best interest is our top priority, and we’ll guide you through every step of the legal process. Reach out to us today for a consultation.