When a judge considers a petition for a change in child custody, the decision that would be in the best interests of the children is the top priority. Although child custody law in Frederick allows changes in custody at any point in time, family court judges tend to be hesitant unless there is a very good reason for the modification.
Allegations and False Accusations
Accusations of abuse or neglect must be substantiated before a judge will approve a modification under child custody law in Frederick. False accusations can cause a great deal of trouble for the parent making them. That person might have shared custody reduced to weekly visitation under these circumstances.
Presenting Evidence of Negative Effects
Allegations of excessive drinking may be accurate, but the parent petitioning for modification must be able to show that this behavior has negative effects on the children. If there is no evidence of this, a judge is unlikely to make a change in the children’s living arrangement.
On the other hand, if the kids are routinely late for school because the parent is too hung over to get up early enough, this will catch the judge’s attention. The same is true for legal trouble such as convictions of driving under the influence or drunk and disorderly conduct.
Moving Out of the Area
In some cases, shared physical custody will have to end because one of the parents plans to move out of the area. Now a judge may need to decide which parent the youngsters will live with full-time. A variety of factors affect this decision, such as each parent’s employment situation and how attached the kids are to their school district, friends and local relatives. If the youngsters are old enough, they can voice their preference and have this taken into consideration.
Whether someone wants to petition for a change or to respond to a petition filed with the court, this individual can benefit from legal representation by a law firm like Russell & Heffner. With so much at stake, it’s important not to opt for self-representation and risk losing the case. To get legal help, begin with the website.
