Modifying child custody can be necessary when one party is not happy with the current custody arrangement. If the parties are not in agreement on a new arrangement, custody modifications can grow extremely heated. The party that is being asked to cede some of their child custody tends to be reluctant to do so, resulting in the need for an aggressive child custody modification lawyer to represent the party that is seeking increased custody.
In the alternative, the party that is on the defense may require experienced representation by a family law attorney to avoid giving up some of their custodial rights.
Any order for child custody may be modified or terminated by the court upon the motion of one or both parents if it is shown that the best interest of the child requires the modification or termination. The court shall state, in its decision, the reasons for the court order of modification or termination if either parent opposes it.
Generally modifications of existing child custody orders, unless agreed upon, only occur after the Court conducts an evidentiary and can make proper findings of fact and conclusions of law. The first step in modifying child custody orders is to file a Motion. This is only the first step. The motion will result in a hearing where the judge will determine whether or not to proceed further. The judge at the first hearing may send the parties to mediation, set an evidentiary hearing or gather additional information before determining how to proceed.
At McFarling Law Group, our divorce lawyers are experienced in all family law matters, including child custody modification. If you would like to schedule a consultation with an experienced child custody modification lawyer in the Las Vegas, Nevada area, call our office at 702.565.4335.