Having to go through a heated and contested divorce can be a challenging time in someone’s life. When there are children involved, it can be even more stressful, especially if your spouse becomes the custodial parent. If you believe you were qualified to earn custody of your children, you might be wondering how soon you can file for a change to the agreement.
Most states do not have a specific time limit on how soon you can request changes to the custody order. They do, however, state that substantial changes must have occurred for your request to be heard.
Examples of substantial changes
If the courts do not see any problems or issues with the current agreement, they may not be willing to amend it. The court’s top priority is keeping the child’s best interests in mind. Therefore, they will not make any changes unless you can show there is a necessity to do so. Some examples of substantial changes include:
- Evidence of child endangerment: If you have proof that your child may be in danger, providing it to the court may be enough to amend the agreement.
- Parents moving away: If the other parent has decided to move a considerable distance away, you might be able to file for custody changes.
- Violations of the agreement: When one spouse continuously violated the current custody order, courts may be open to amending it.
The court will take a long look into each of these situations before making any decisions. If you are seeking a new custody agreement, it may be worth your time to speak with an experienced attorney. They can help you compile evidence and file for any potential changes to the order.