Written by attorney Donald G. Criscuolo

Modification of Child Custody/Visitation

If minor children are involved in your divorce your case is never really “over" until they are no longer minors. During the divorce the custody and visitation issues will hopefully be resolved by agreement of if necessary by the judge. The factors going into that decision will be the then existing circumstances. If in the future a “substantial change of circumstances" takes place those custody and visitation arrangements are subject to modification. The examples of what kind of change is “substantial" enough to justify a modification are endless. Sometimes a parent will remarry or live with a significant other and the children do not get along with that person. Children grow older and the dynamics of the parent/child relationship change. Sufficient evidence that justifies a modification may include poor grades, acting out at school, getting into trouble with the police, drinking or drugs (by the parent or the children). Actions seeking modification of custody or visitation can be emotionally devastating. Accusations are made and each party blames the other for any difficulties the children are having. Sometimes mental health professionals become involved by providing therapy or conducting evaluations. Consultation with an experienced expert in family law attorney is necessary to protect you and the children from an unwarranted modification or to obtain a necessary modification.

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