Dealing With Child Custody For A Growing Child

If you are the divorced parents of a child, you probably already know how difficult it can be to abide by the custody and visitation agreement you both agreed upon during your divorce. You might be finding that the same visitation and custody agreement that worked fine at first, may now be a bit stale and no longer appropriate for you and your child. Read on for some information about what to do when your agreement no longer fits your growing child.

You Have Been Ordered

Don't make the mistake of thinking that your custody and visitation agreement is yours to do with what you wish. No matter how much input you and your ex put into the creation of the agreement, once the judge signs it, you must follow it without deviation. Fortunately, along with the order comes the family court's outlook on dealing with all matters relating to minor children: that no matter involving a minor child during divorce is ever closed or permanent. The law readily recognizes that life changes can make agreements unworkable and unwieldy, and that as children grow older and more independent changes may be in order.

Best Interest of the Child

You may have already encountered this term during your divorce, and it is the abiding principle that governs all decisions concerning minor children in the court system. If your agreement needs some changes, you would do well to again take into consideration this credo to ensure that you are taking actions that benefit the child and not necessarily the child's parents.

Reasons for Requesting a Change

1. The custodial parent is unfit: For the most part, the custodial parent is expected to work with the other parent to make major decisions about the child, but there may come a time when that parent is unable to do the job. Drug or alcohol abuse, child abuse, criminal acts of any type and other aberrant behavior can place that custodial parent's right to custody at risk. Along these same lines are custodial parents who are incarcerated or that need institutionalization due to mental disease.

2. The child is now a teenager. The older the child gets, the more independence they desire (and need). When you consider how overburdened older children and teenagers are by school, social lives, volunteer activities, religious training and obligations, recreational and team sports, after-school lessons and extracurricular activities of all kinds, you can understand how complicated it can be to abide by strict visitation schedules. Visitation and even a change in custody could be in order to simplify everyone's lives at this time.

Speak to your family law and divorce attorney for more information about making changes to your child custody and visitation agreements.