As a Family Law attorney, I’ve watched spouses fight like cats and dogs through the legal process of a divorce and child custody. Afterwards, they reach a settling point. They’ve learned how to communicate and respect each other’s child custody time. Everybody’s getting along. But then life happens, and things start to change.
Something happens to disturb the peace; for example:
- Dad gets a new girlfriend, and that girlfriend raises alarms with Mom
- Mom’s work schedule changes, and she’s working weekends
- Dad moves across the state
- Mom is being totally unreasonable about meeting her child custody obligations
- The kids are being harmed by a parent
- A whole bunch of circumstances have changed, and life doesn’t look anything like it did when the original order was signed.
Child custody court orders
Whatever the reason, one or both parents stop following a child custody court order, and everyone goes back to court. It can be a big mess. A litigation process begins, and the parents try to get temporary orders or new orders. It’s difficult when nobody’s agreeing.
Some people don’t realize that physical placement of a child is determined by an order of the court. Although parents aren’t required to hire an attorney to modify an order, using an attorney makes it easier. A Family Law attorney can create an agreement the court will recognize and a judge is likely to sign. Attorneys are experts at handling the big issues associated with child custody; they’re also good at the little things that parents might take for granted.
Modifying physical placement
The simplest way to modify a physical placement order is for the co-parents to reach an agreement. The courts almost always defer to an agreement between the two parties, particularly with the issue of physical placement. Obviously, reaching an agreement with an ex is easier said than done. Still, it’s the ideal situation and worth some effort.
Child custody agreements can be changed:
- At any time, as long as both parties agree.
- Inside of 2 years, if a child’s physical or mental health is threatened.
- After 2 years, due to a substantial change of circumstance. Then, the court can change the agreement if it’s in the best interest of the child. A dozen factors are considered when analyzing “the best interest.”
An experienced Family Law attorney like Attorney Devin Shanley of Shanley Law LLC can help parents sort out child custody issues and develop physical placement orders that are reasonable and fair. Contact Attorney Shanley today for a free Family Law consultation.
About Us: Attorney Devin Shanley is the approachable expert clients can trust. A native of Green Bay, Wisconsin, Devin has been developing legal solutions in his beloved hometown since 2012. Married to Mo and dad to two rambunctious kids, he has a soft spot for the Green Bay Packers, grilling out, and playing with his kids. His areas of practice are Estate Planning, Family Law, Business Law, and Non-Profit Organization Law. Schedule your free consultation by calling 920-471-4337.