During divorce proceedings, involved parties are required to come to an agreement concerning the terms of the divorce. If children come into the equation, this involves a child custody agreement, which entails visitation rights, parenting plans and/ or child support options.

In time, it may become apparent that this custody agreement no longer suits the lifestyle of one or both of the involved parties. It may then become necessary to modify the agreement. Every state has different laws with regards to modifying terms of a divorce, but it is invariably necessary to file the request for modification of child custody agreements in the jurisdiction the order was originally filed in.

While reasons for wishing to modify may vary – and include, among others, a change in occupation, changing financial circumstances or relocation – it is also necessary to present the family law court with proof that the changes are significant enough to warrant modification.

Factors likely to be analysed by the court when determining whether to modify an agreement or not include, among many others:

The best interests of the child/ children

Both parents’ relationships with the child/ children

Both parents’ financial situation

Both parents’ physical and mental health

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It is also necessary to ensure the petition to modify an agreement must be filed correctly, as failure to do so will result in denial of the petition.