Life happens. Circumstances change. A prior custody order may no longer be in your child or children’s best interest now. At the Law Offices of Piazza, Simmons & Grant, L.L.C. we know how child custody works. We work with clients like you to best apply the law to your situation.
Factors in Connecticut Child Custody Modification Requests
Making modifications to your child custody order is not as simple as saying, “I want to change it because.” Child custody modifications are complicated and require court approval. In Connecticut, to legally have the court consider a custody change, there must be a “significant change in circumstances” of either a parent or the child and the current custody order is no longer in the best interests of the child(ren). Each situation is considered on a case by case basis, but some circumstances that may support the finding of a child support modification include:
- Change in a parent’s physical location
- Physical or mental health changes to parent or child
- Parent remarries
- Evidence that the health or safety of the child is in question
- Fraud occurred in one parent obtaining custody
- Significant changes in a parent’s income or job status
Our firm represents parties seeking a child custody modification. We have extensive experience in family law and understand the factual situations that might support a successful motion for modification.
Best Interests of the Child
In considering a modification to child custody a court will also have to weigh what is in the best interests of the child(rend). This is the same standard that is used in original custody matters. These factors may include the physical and mental needs of the child, past and present relationship with each parent, history of domestic violence, a child’s preference if old enough to articulate such, mental and physical well being of all parties, parent’s willingness to be engaged in a child’s life, cultural background and other circumstances the court sees as applicable.
Bringing the Custody Motion in Connecticut Court
If you determine you might be able to meet the “significant change in circumstances” standard to warrant a potential change in child custody, then you will need to file a Motion for Modification. A hearing will be scheduled to review the filed documents and give the court an opportunity to hear from you personally. At the hearing, each side will be given an opportunity to present evidence, testify, and cross-examine the witnesses. Once the hearing is complete, the judge will then take the matter under consideration and make a decision based on the facts presented. Child custody cannot be modified without a court order. Having a trusted and experienced Stamford, CT child custody attorney at your side during this process can be invaluable.