What Is a Post-Judgment Child Custody Case?
The laws of all states in the U.S. establish three general types of child custody cases and orders. These are temporary custody, permanent (indefinite) custody and change of custody. An attempt to change custody represents a post-judgment child custody case. In other words, a motion to change custody is pursued at a point in time when the initial judgment and order regarding child custody was handed down by the court.
Other People Are Reading
-
Time Frame
-
The laws vary from one jurisdiction to another in regard to when pursuing a post-judgment child custody case is appropriate. For example, barring an emergency some jurisdictions preclude the pursuit of a motion to change custody for a set period of time following the issuance of an initial child custody order. The time frame in such a jurisdiction might be six to12 months or even longer.
Considerations
-
A post-judgment motion to change custody is not favored by the court absent a true emergency or the demonstration of what is known as a material change of circumstances. Child custody law espouses a principle known as permanence. Permanence means that a child custody plan should not be altered unless absolutely necessary.
Demonstrating a material change of circumstances for the purposes of a post- judgment child custody case requires presenting the court with evidence that the child's best interests are not served by the current custody order. For example, the health or other status of the custodial parent changed so dramatically she cannot properly provide for the health, safety and welfare of the child.
-
Misconceptions
-
Perhaps the most common misconception associated with pursuing a post-judgment child custody case is that courts examine and reconsider child custody arrangements on a regular and recurring basis. The opposite is true. Courts in all jurisdictions refrain from altering custodial arrangements absent a material change of circumstances of a negotiated agreement between the parents that is both reasonable and in the best interests of the child.
Mediation
-
A judge orders the parents to participate in mediation in certain post-judgment child custody cases. The hope is that the parents reach a reasonable accommodation regarding child custody and related issues that not only satisfies their objectives but also meets the best interests of the child.
Warning
-
A post-judgment motion to change child custody is a challenging and complicated legal matter. Therefore, your interests likely are best served engaging the services of an experienced lawyer. The local and state bar associations typically maintain directories of attorneys in different practice areas. Contact information for these organizations is available from the American Bar Association:
American Bar Association
321 N. Clark St.
Chicago, IL 60654-7598
312-988-5000
abanet.org/barserv/stlobar
-
References
Resources
- Photo Credit children image by Mat Hayward from Fotolia.com
