Have you and your spouse reached a point of no return in your relationship? If so, the divorce may be inevitable. However, that does not mean that you should become depressed and emotionally unstable; many people divorce every day and they find a way to cope with it. You should do everything in your power to secure the custody over your children, and focus on their future and their happiness.
But what if you lost custody of your children during the divorce? Is there a way to obtain the custody even though the divorce has finished?
The answer is YES, it is possible, but many things have to be taken into consideration. Here are some tips that will help you understand how the process works and what you have to (or what has to change) in order for you to seek the alteration of the current custodial agreement.
Material Change of Circumstances
Most judges value stability for children and therefore don’t really like to make frequent changes to the custodial agreement. However, a huge change in the custodial parent’s material circumstances could lead to an altered agreement. Consult with your attorney and see what you should do in order to try and obtain the custody over your children.
If you don’t have an attorney, consider Divorce Attorneys in Fort Lauderdale at the Law Office of Gustavo E. Frances; with their expertise and experience, you will definitely increase your chances of obtaining the custody over your children.
Be Sure To Document The Changes
The most important thing that you should do, upon realizing that something has changed, is to record everything. This involves getting photos or video evidence of the change.
For example, if your ex-spouse has started developing drug or alcohol abuse, or is bringing new partners every night, or is becoming abusive towards the children, you have the right to seek the alteration in the custodial agreement.
NOTE: The court will not take your word for it. You need real evidence to support your claim.
Seek Legal Documents
Once you have obtained the evidence you need, seek the courthouse where you got divorced, and ask the local court clerk to provide you with the appropriate forms. These are called either:
- Post-judgment motions or
- Motions for modification
Fill them with the changes you want to see, and file them with the court. Be sure to ask about the rules that your state has for serving a copy on your children’s other parent. In some states, you can do this by certified email, while in others they have to be delivered.
Once the “new trial” starts, attend the court and do everything that you can to demonstrate that the situation has changed and that your children deserve better. Fort Lauderdale Divorce Attorneys at the Law Office of Gustavo E. Frances could help you by representing your case, and help you with the evidence that you have gathered. Feel free to call and schedule a consultation for a case review and legal guidance.