Modification of Child Custody Arrangements After Divorce

If you are a parent who has gone through divorce, your family has likely experienced some changes in dynamics. Your role as mother or father now includes following a child custody arrangement that probably differs from the way you parented before the divorce.

The custody plan, which includes legal and physical custody orders, might be judge-created or it could be a product of a court-approved agreement between the parents. Either way, you might think enough has changed from the perspective of your child or your children since the custody plan was first created that the custody plan should be adjusted.

The test for modifying a custody plan is always "What is in the best interests of your child or children?"

Modifying Child Custody in Connecticut

If this is the case, you may have your attorney file a motion in court to modify child custody on your behalf. This motion requests a change in the court order - often part of the court's divorce judgment and decree - that dictates how you and your former spouse handle child custody. You, through your attorney will need to convince the court that modification of child custody is in the best interests of your child or children before a modification may be granted.

In one recent case, the Connecticut Appellate Court concluded that a parent who had been granted joint custody of a child did not provide a supportive and stable environment for the child. According to the Court, modifying the child custody arrangement to give the other parent sole custody was in the child's best interests. The failure to provide a supportive and stable environment was a circumstance that was not present at the time of the divorce, and it warranted modification of the child custody order.

To request child-custody modification, your attorney will complete the following and file them with the clerk of the court where you were divorced:

  • Motion for Modification
  • Affidavit Concerning Children
  • Appearance, if necessary

There are several other requirements, including serving the papers on your former spouse and presenting your case in front of a judge. To ensure that all legal requirements are met, and that you can succeed in modifying custody, you should contact an experienced child custody modification attorney to represent you and advocate for the changes you seek.