Attorney
As the calendar flips to a new year, many of us reflect, reset, and begin to reimagine what’s ahead. While some of us will resolve to get fit or learn a new language, others will tackle weightier topics.
Parents who share custody of their child with an ex-partner, often think their life — and more importantly, their child’s life — would be improved if they could make some changes to the custody agreement and parenting plan they have in place.
Whether your life has evolved, your child’s needs have changed, or you simply see a better path forward, a custody modification may be possible. However, as many families in the Albuquerque area discover each year, altering your child custody agreement takes a fair amount of hard work.
Attorney Bob Matteucci doesn’t have any shortcuts or tricks for making this task simple. But his experience with New Mexico’s family court system and determination to help his clients get from wishes to reality, make him the legal ally you want to have at your side as you undertake this task.
When a Modification Makes Sense
In theory, your custody agreement can be changed whenever and however often you see fit. The only limitation to modification is that you must have evidence of a substantial and material change in circumstances since your prior order was improved.
The reality is that’s a big hurdle to clear. New Mexico family court judges presume that the current order is reasonable and should remain in place. The parent requesting change bears the burden of proving that the existing arrangement is no longer in the best interest of the child.
No two families are alike, so it’s impossible to say in a blog post like this if the changes your family has experienced are substantial enough to warrant an update to your custody agreement. But here are a few examples of circumstances where Attorney Matteucci has seen modifications approved:
- A parent’s work or travel schedule changes significantly, limiting their availability for care or parenting time.
- The child’s educational, medical, or developmental needs have changed, and it’s not just because they have grown older. For example, the child now needs special schooling, therapy, health care, or other support.
- One parent relocates or changes residences in a way that affects the child’s schooling or ability to spend time with extended family members or friends.
- The child matures to a point where their expressed preferences or needs may influence what’s in their best interest.
- The parents reach a new level of cooperation and want to redesign parenting time or custody in a more child-centred way.
If one of these describes what you are going through, or you have something similarly important going on in your life, it is worth at least exploring the idea of updating your custody agreement.
Also note that the last bullet point here is important. If you and your child’s other parent agree that making some changes to your custody agreement will work better for your family, it’s a lot easier to get the court to go along with what you want. It may be as simple as hammering out the details, writing them down, and getting the court to rubber-stamp them.
Laying the Legal Groundwork
As with any resolution, having an action plan makes it more likely that you will succeed in getting your custody agreement altered. In addition to meeting with an experienced family law attorney like Bob Matteucci, here are a some things you can do to start building your case:
- Document the significant changes your family has experienced. Write down your observations about the specific ways these changes have impacted your child’s life. This can include things like shifts in your work schedule, your child’s needs, or your living situation.
- Organize your finances and start thinking about logistics. Assess any financial implications of a custody change, and figure out how you will handle things like increased childcare responsibilities, travel between homes, or things that you will need to do to make your home fit your desired custody agreement.
- Set a timeline. Talk to your attorney about setting a realistic timeline for the changes you seek. Consider how long it will take to gather the evidence you need and how long it will take to get your requested changes through the legal system.
- Prioritize communication. Try to reach agreement with the other parent. If you are on the same page, the changes you seek are more likely to be approved by the court.
With the right planning and legal guidance, this new year can mark the start of a new chapter for your family.
Serving Families with Dignity & Compassion
As the new year dawns, it’s tempting to make the same old resolutions you always do. But if your child would benefit from you making an effort to update your child custody agreement this year, that is strong motivation to do something different this January.
With care, strategy, and the right legal support, this can be the moment you give your child the custody arrangement that reflects who you all are now, not who you once were. Attorney Bob Matteucci is ready to help you accomplish your custody goals. Please contact him today to set up a meeting.