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Expert Modification of Child Custody Agreements in Ada County, Idaho

Do you have a court-ordered custody schedule that is no longer working for you and your children? To modify custody in Idaho, you must show that there has been a "substantial and material change in circumstances" that impact the current custody schedule.

At K. Mitchell Law, PLLC, our Boise child custody attorney can help you present your case to the court for the best chance at receiving a modification to your order.

Call Our Office at (208) 285-4272 for Your Complimentary Initial Consultation With Our Boise Child Custody Lawyers.

When to Seek a Custody Modification

When significant changes occur that make the current arrangement impractical, you may be able to modify your custody arrangement to adapt to these changes. While custody arrangements are created to help parents maintain a relationship with their children, sometimes custody schedules must be modified.

For example, if one parent had a certain work schedule when the arrangement was first created and the schedule changes to entirely different days, they may wish to modify the custody agreement to reflect this change.

Common Reasons for Custody Agreement Changes

Other common examples of modification include:

  • A parent moves a great distance away
  • The other parent becomes the parent with primary possession of the child
  • There are safety issues regarding the child
  • The child needs special educational or medical considerations
  • A parent loses their job
  • A parent loses their ability to work due to disability or permanent injury
  • A parent gains or loses a significant amount of income

Understanding Relocation in Child Custody Cases

When the custodial parent wishes to relocate either a great distance from the other parent or to an entirely different state, they must seek a modification order from the court. If the custodial parent moves without court approval, they could face legal repercussions.

If the parents agree on the move, they must still submit the petition for relocation to the court so the court can approve this. If they do not agree, they submit the petition and must go through an entire court proceeding to prove their side of the situation.

The judge will look at a variety of factors before making their final decision concerning the relocation request. These factors include:

  • The reason behind the relocation (better education system, better job, closer to family, etc.)
  • The reason why the non-custodial parent objects to the move
  • The age and gender of each child
  • The benefits of the relocation
  • The relationship between the child and each parent
  • The cost of transportation for the non-custodial parent to maintain contact with the child
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