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Anything is Negotiable: Understanding Post-Divorce Custody Modifications

If there's one thing to keep in mind during divorce settlements, it's that much of the process is open to negotiation. As long as you continue to legally and responsibly advocate for yourself, there is a good chance that you will make gains toward more a favorable settlement.

A prime illustration of this idea involves post-divorce custody modifications. At the time of the divorce judgment, the judge's decision over custody may have left you feeling bitter and dejected. You may have only been granted custody of your child on weekends or every other week. The fact of the matter, though, may be that you want to see your child far more frequently.

If this is the case, don't lose heart. Remember that a court's rulings are often not set in stone. With the right legal help, you may be able to challenge and modify the custody ruling. A court will consider changing its stance on custody if you can provide some evidence that your circumstances have changed in such a way that it now makes sense for you to see your child more often. You might also be able to make the case that there were circumstances in your life that justify such modifications that were not considered in the first place. Moving closer to your child is an example of a circumstance that might allow a court to consider modifying earlier rulings on custody.

You could also work to modify your custody order with evidence showing that your ex-spouse has failed to provide for the welfare of your child. If your ex has, for example, encouraged your child to engage in harmful behavior, such as truancy or drug use, a court would deem new custody arrangements as being fully justified.

Collectively, these circumstances all indicate the need to remain resolved in the face of custody arrangements or other aspects of the divorce settlement that you may find undesirable. With a level-head and the right legal team, negotiation is almost always an option. 

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William A. Feinberg 1928 - 2001

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