Custody (and modifications of custody)

Chambers Family Law

When a couple decides that they will file for a divorce and children are involved, the parents must determine where, with who, and for how much time the children will be allowed to spend with each parent. Child custody will fall into two categories: physical and legal. Physical custody refers to the amount of time each parent is permitted physically with a child. This may be sole, primary, or joint custody. Legal custody refers to a parent’s decision-making rights regarding a child’s health, education, and welfare. This can also be sole, primary, or joint custody.

When parents are in the process of a child custody case, the main objective is often referred to as determining the “best interests of the child.” This standard is applied across all child custody cases, and is generally determined by the consideration of four types of factors:

  • A holistic and historical picture that examines each parent’s role in nurturing the child since birth
  • A future and prospective picture considering the parents’ situations moving forward
  • Current and past status concerns referring to the personality or behavioral traits of each party
  • The preference of the child

There might be a need for you to modify your child custody agreement upon showing that new and material conditions exist which substantially affect the interest and welfare of the child since the original custody decision. Child custody orders can be changed through the initiation of a modification, by the agreement of both parents or by the election of the child(ren). However, keep in mind that a modification without a court order does not protect you from the party straying from your new agreement. Chambers Family Law strongly recommends avoiding unnecessary issues with the modified agreement by formalizing the agreement.

Chambers Family Law is experienced and prepared to successfully handle cases involving parenting plans, residential schedules, and child custody. We understand that these cases are often highly emotional and can be profoundly consequential to our clients and their children, so we work diligently to help our clients make informed and safe decisions.

If you are experiencing a family law related matter, please contact Chambers Family Law to schedule a consultation.

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How we help
At Chambers Family Law, we know that family law cases are often uniquely contentious and complex and often cause extreme stress for families regardless of their situation or the value of the parties’ marital estate. Cases involving divorce, alimony, custody, equitable distribution, child support, expert fees, legal fees, and other matters can be settled practically and fairly when handled properly.
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