As your child matures and their needs shift, child custody modifications may become necessary.
Lawyers can assist parents in crafting petitions for these modifications and submitting them to the court, where a judge will assess whether the change is warranted.
There may be numerous reasons for seeking modifications, including:
Child’s Needs Have Changed
Mutual consent divorce is a journey through marital dissolution that takes as few ripples as possible, saving time, money, and emotional strain by enabling couples to reach agreement on all major divorce issues such as property division, child custody arrangements, spousal support payments etc. A Towson divorce attorney can assist both partners to navigate an amicable separation that protects both interests.
Divorces typically take several months to finalize; however, they may take longer if children are involved or there are disputes about property division and/or custody agreements that lead to court hearings that further extend the process.
In a contested divorce, the court takes all relevant circumstances and circumstances into consideration when determining what is in the best interests of their child(ren). Conversely, mutual consent divorce requires both partners to reach agreement on these factors and submit an extensive settlement agreement for approval.
Once all divorce documents have been submitted to court, an absolute divorce can be granted. At this point, either spouse can remarry or move to a different state provided they wait a specific number of days; which varies by state.
After a divorce by mutual consent, co-parenting becomes simpler with clear and comprehensive agreements on all issues. Over time however, as your family changes it’s essential that custody and visitation terms of your original agreement reflect what’s in the best interests of your children.
The Child Has Voiced a Clear Preference
If your child has expressed a preference to live with one parent over the other, this may be considered in court as part of your petition for modification; however, this won’t always be decisive as judges tend to prefer stability for children and will only make changes if it benefits them.
Divorces often bring with them many challenges for couples involved, including issues surrounding child custody, property division and spousal support. Contested divorce proceedings may take months or years to resolve, leading to emotional strain for everyone involved; in contrast, mutual consent divorce can often be much quicker and cheaper.
In Maryland, to qualify for a mutual consent divorce, both partners must enter into a written settlement agreement that covers all issues surrounding your separation – including custody arrangements. Furthermore, an affidavit must be signed stating that both partners wish for their relationship to end irretrievably and agree that you want it over with. Depending on state laws in your region, other documents may need to be filed.
Parents with an organized process find co-parenting easier. A mutual agreement should be converted to a formal court order so if there are ever disagreements between you, there is something official on record to refer back to as proof of this process.
The Parent’s Circumstances Have Changed
Parents in a contested divorce may agree to negotiate an amended custody arrangement outside of court if necessary, such as when either one’s job or home location changes significantly, lifestyle alters significantly or other circumstances impact on child wellbeing. This could include things such as relocating for job reasons; moving home for other reasons; or other events which impact child well-being.
However, Maryland law makes it clear that unofficial custody changes that do not involve both parents are not legally binding and those that alter their custody arrangements without court approval could face contempt charges if they later wish to enforce them.
Maryland allows couples who can agree on an amicable settlement agreement between themselves to divorce through mutual consent without needing to wait the full twelve-month separation requirement before finalizing their marriages – with as few as four months remaining until finalization can occur.
Make sure that both parties sign your divorce agreement on the same day so they can prove their intent before the judge and receive approval of a final judicial decree that officially separates and declares you single.
The Child Is Engaged in Parental Alienation
Parents engaging in parental alienation often manipulate their children by telling them a false narrative about the other parent before filing for divorce; when this occurs, courts may need to alter custody in order to safeguard children from an abusive situation.
Divorce can be challenging, but mutual consent divorce can reduce time, money and emotional strain for both partners involved. With this form of separation agreement, couples can skip the waiting period required in traditional contested divorces while still filing an affidavit attesting that their marriage has irretrievably broken.
An experienced Maryland family lawyer can assist with the preparation of necessary divorce papers for a mutual consent divorce, including filing the appropriate legal papers with your county and completing all relevant marital settlement agreements that include property division and pension division issues as well as any alimony issues or issues regarding shared custody arrangements. In such instances, additionally completing child custody, access and support agreements will also be necessary.
At Lebovitz Law, our Maryland family law attorney offers guidance in creating an agreement between you and your spouse that meets both of your needs. We strive to help amicably resolve your divorce proceedings; so reach out today for a complimentary consultation session!