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One of the most basic tools in American child custody law is the ability of either parent to request a new hearing. If you believe there is a credible reason for the court to reconsider the current order in a case, you can ask a judge to look at your concerns. A child custody attorney will tell you there should be a good reason for taking up the court's time so only think about doing so in one of these four instances.
Non-Compliance with Current Agreement
A major reason for asking for a new hearing is that you believe the other party isn't compliant with an existing agreement. If the parent with primary physical custody regularly insists on not letting the child visit the other parent, for example, that could call for a hearing. Likewise, each parent should be using most of their allocated time with the kid. If that's not happening, you can bring it to the judge's attention.
It isn't uncommon in child custody law for one parent to have limitations on their access to a kid due to previous difficulties. A parent who has struggled with drug and neglect issues, for example, might not have the most favorable child custody order. If they've made significant progress in addressing the court's concerns, though, they can request a hearing.
Notably, a child custody attorney won't encourage you to do this too soon. If a person recently started parenting and anger management classes, counsel will probably tell them to complete the process and follow the court order for a while. The goal is to demonstrate a prolonged change so the client can present a compelling argument to the judge. If the court is impressed by the improvements, they may modify the order to account for how the parent's behavior has come along.
Especially if one parent wants to move out of state, it's wise to request a hearing. This is particularly wise if the move represents a long distance. Each parent has the right to not face undue burdens in dealing with the child custody agreement. If one parent imposes undue travel or time burdens on the agreement, for example, a court may block their decision to move.
If one party has suffered incapacitation, the court should know about it. The judge may need to modify the arrangement to address the situation. If the person's situation improves, the court can conduct a new review to see if that parent will be able to handle at least partial custody.Share