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Sometimes a custody order is put into place that doesn’t fairly represent both the mother’s and the father’s custody and visitation rights. The ideal is that the order is in the best interest of the child and that both parents agree to it. However, if a mother feels like her custody and visitation rights have been denied, or that the order isn’t the best one for her child, she should petition to have the custody order modified.
In order to get a custody order modified, the mother must prove to the court that there has been a change in circumstance to warrant a new order. This change of circumstance can include new information the court should hear, a move by one of the parents, the child growing older, or any number of things can should alter the order. A parent saying they just want more time with the child isn’t enough to get the order changed. The court views stability as the best thing for the child, and they won’t make constant changes to the order at the request of one of the parents.
If you feel like your rights as a mother aren’t being upheld, then you need to prepare a solid case as to why the custody order should be modified. You will need to explain to the judge and to the court that your new parenting plan is the best for your child, and that your child may be harmed in some way if the court doesn’t accept this new plan.
Reasons the court will change the order:
If the child is being neglected physically and isn’t being cared for, you should immediately file for a custody order modification and then provide evidence to the court. You could get teachers, doctors, or other specialists to testify that your child isn’t doing very well.
If your child isn’t doing well emotionally because of the order. Some children have a hard time adjusting and need special consideration. If there has been an order put in place that the child doesn’t like, the child could become depressed or anxious. If you notice that your child isn’t doing well in school anymore, has withdrawn, and seems depressed, you should look at your current custody and visitation agreement. Perhaps the mother was the primary caregiver and the court awarded more time to the father. This can negatively affect the child. If that’s the case, you need to show the court how more time with the mother would benefit the child.
One of the parents has moved to another area. If the parents have shared joint custody, but one of them moves, the parents may need to modify the agreement. Custody and visitation time can be altered to give the child the most stability.
If you are not happy with the custody order, don’t just let it go. Stand up for your custody and visitation rights as a mother and petition for a new order. Hopefully then you can get the time you want with your child.
Find out more information about mothers’ child custody rights and discover how Custody X Change can help you get a child custody modification for your order.