Divorce is difficult for your entire family unit and requires custody orders over your child(ren). Major life events can alter whether you have joint or sole custody. Sometimes, health changes can alter your custody of your children. Learn about modifying custody orders to address medical challenges so you can protect your rights.
What Are Custody Orders?
When parents’ divorce, a few things can occur regarding child custody. Depending on the court ruling, both parties may split custody 50/50, but a parent may receive primary or even sole custody. During child custody cases, the judge also rules on child support payments.
Can Medical Challenges Impact Custody?
The health of a parent or their child(ren) can cause the current custody agreement to change. If a parent receives a diagnosis of a debilitating condition and cannot provide the needed care to their kids, they can talk with their ex-partner to modify custody. This also depends on the required treatment and the frequency of doctor visits resulting from the condition.
Both mental and physical health conditions can lead to a change in child custody. If a court motion occurs, the judge will determine custody based on where the children will live their best life and be safest. However, courts do not take custody from a parent solely due to a medical diagnosis if it doesn’t put the child(ren) in danger.
Legal Tip
The judge will also review a parent’s connection with their child during court cases. The two parents may have a healthy relationship, but the parent may not be able to care for their child(ren) due to their condition. This may result in visitation rights to maintain a healthy bond between parent and child.
How Modifications Work
Before a custody modification occurs, you must contact your ex-partner to discuss custodial changes. If you can agree on a change in custody, then you can modify the court order. It’s best to have a custody modification attorney at your side, even if you and your ex are on good or decent terms.
Alternatively, the other party could reject the modification, which would require you to file a motion with the court. In the document, you’ll state that the other party rejected your offer to alter the current custody agreement. You’ll need to supply medical records and evidence from a medical provider to prove your diagnosis in court.
Hire the Best Lawyer
Modifying custody orders to address medical conditions can be challenging when doing it alone. If you live in Denver, CO, or the surrounding area, contact Jones Law Firm, PC, for a family law lawyer to represent you. You’ll have to manage a lot of paperwork when modifying custody agreements. We take a hands-on approach with all our clients and can guide you through this challenging time.