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Dealing With Child Custody Issues

Certainty and Stability—Good for You and Your Children

If your family is about to split or you believe that your child deserves a change in the current arrangement, we can help. We work hard to keep the focus on the needs of the children. Change is part of life for adults and your child may need a change as well. Perhaps you or the other parent got a new job that requires a lot of travel, maybe someone has moved, or the other parent just isn’t going by the plan—showing up late, missing pick-up times, or they just aren’t living up to their end of the bargain. Regardless of the problem—we can help. It is not only important to have a good parenting plan…it is important that the plan is being honored by both parties. Having certainty and stability is important to children—but it is also important for you and your well-being.

If circumstances have changed or you need assistance improving the parenting plan for your children—please give us a call, 304-984-6700. We provide FREE initial consultations and look forward to hearing from you if you need help.

Good things to know about parenting plans:

  1. Understand when an existing parenting plan can be modified: Changing a parenting plan is not as simple as filing a petition in court and then telling the judge why you think you deserve more time with your child. There are certain legal “triggers” that must happen before a judge is allowed by law to change the plan.
  2. Prepare to prove a “substantial change in circumstance”: You and the other parent can always agree to modify an existing parenting plan. Absent an agreement, you must prove to the judge that certain important things have occurred or changed that would necessitate a change in your child’s routine. The law does not clearly define exactly what these “things” are.
  3. Gather and present sufficient evidence to prove the case: A parent wanting to modify the parenting plan must gather enough evidence to prove a change (in the legal sense) has occurred, that the change is material and substantial enough to warrant changing the child’s routine, and the change should result in modifying (usually reducing) the parenting time of the other parent. It is often difficult to know what supports your position and what might hurt your case. Anyone that has watched court shows on television has likely seen someone tell the judge something that completely sinks their case.

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