How can I modify a child custody agreement?

In Delaware, you can modify your child custody agreement if your circumstances have changed and both you and your former partner agree to the changes. However, if the other parent does not agree, then you must petition the court for modification through a formal process. To begin the process of modifying a child custody agreement, you need to file a petition with the Family Court and state the reasons why you are seeking to modify the agreement. You must include in your petition the specifics of why the change is needed and how it will benefit your child. After filing, your former partner will be served with a copy of the petition and a hearing will be scheduled. At the hearing, both parties will be afforded an opportunity to present their case to the judge. Additionally, the judge may appoint a guardian ad litem or social worker to evaluate the situation and provide a recommendation to the court. The judge will then consider all the evidence and arguments put forth in the hearing and render a decision. If a modification is granted, an order will be issued by the court reflecting the changes. It is important to note that the original child custody agreement still stands and will be enforced until the order is issued. If the proposed modifications are not in the best interests of the child, the court may not agree to the changes and the existing agreement will remain in place. For this reason, it is important to consult an experienced family law attorney prior to filing a petition for modification. An attorney can provide advice and assistance to ensure that your child’s best interests are being considered.

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How can I modify a child custody agreement?

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