Getting Primary Custody

When a client comes to see us about changing their child custody arrangement, they tend to think it’s easy to convince the court to grant their request. A competent Greenville child custody lawyer will advise you better than that. For example, if they think it’s obvious that their ex is a terrible parent, they may assume the judge will agree with them. Or, if they believe their ex is addicted to drugs or alcohol, they may assume the judge will see things their way. In actuality, it is a lot harder to convince the court to change your child custody agreement than you may think. Our Greenville child custody lawyers have handled hundreds of child custody motions over the years. Very rarely does it benefit you to speak poorly about your children’s other parent. If you truly want to change your current child custody order, you need to let your family lawyer in Greenville handle things for you. They know how to phrase things so that the court won’t think you’re trying to make your ex look bad. They will present the court with a motion that explains succinctly and clearly why you believe you deserve more time with your children.

Here, we will explain how you can go about getting primary custody of your children. We will also discuss the things the judge looks for when someone is asking to change their custody arrangement. If you still have questions about your own child custody arrangement, contact our office today. You can sit down with one of our Greenville child custody lawyers and explain your story. They will do the best they can to convince the judge to modify your current custody order.

The Courts Do Not Like to Keep Children from Their Parents

One thing the courts will not do is keep children from their parents. Unless your Greenville child custody lawyer can demonstrate that the children’s other parent is unfit, you will have a hard time getting the judge to change primary custody. Now, if your family lawyer in Greenville can convince the judge that it’s in your children’s best interest to designate you the primary parent, there’s a good chance your motion will be granted.

Your Greenville Child Custody Lawyer Can File a Motion to Modify Custody

If you want to change your child custody order, your family lawyer in Greenville will need to file a motion with the court. Lawyers file motions for all sorts of reasons. Perhaps you want the judge to grant you primary custody. You feel that your children’s other parent is not capable of caring for the kids full-time. Maybe you’re upset that your ex has brought a new paramour into the home and they are there when your children are there as well.

You’ll Need to Prove That There Has Been a Substantial Change in Circumstances

In order to convince the judge that you deserve primary custody, you will need to demonstrate that there is a significant change in circumstances. The judge will need to see that there has been a substantial change and that this change will be long-term. You can’t ask for a change in custody simply because your schedule has changed for a few months. The court is not going to put your children through this. The last thing anybody wants is for your children to change where they spend their time every few months. This is why the law requires you to show that a substantial change has taken place. Your Greenville child custody lawyer will look at your case to see if there has been a substantial change in circumstances. They will also want to know why you weren’t able to handle primary custody when the initial order was signed.

You Don’t Want to Request Changes to Your Custody Order Too Many Times

If you file a motion with the court every three months asking to change custody, you’re going to upset the judge. Motions in family court are only supposed to be filed when there is a significant change in a family’s circumstances. For example, if you used to work nights and have gotten a new job working a normal schedule, it makes sense for you to request more time with your kids. If your spouse has been arrested and is looking at time in prison, it makes sense to ask for primary custody. You can’t file a motion every time your ex makes you angry. Nor can you file motion after motion hoping that the judge will finally see things your way. No reputable family lawyer in Greenville is going to be a party to this.

Your Greenville Child Custody Lawyer Will Do Their Best to Get You the Custody Arrangement You Want

When you first meet with your Greenville child custody lawyer, they’re going to need to ask you some tough questions. They’ll obviously need to see a copy of the existing child custody order. They’ll also need to know why you want to modify custody now. Has something changed that makes you think you deserve primary custody? Are you going to try to convince the court that your ex is not a good parent? Your family lawyer in Greenville will need to be careful how they phrase your request. The last thing you want to do is anger the judge by speaking poorly of your children’s other parent. If the judge thinks you speak that way about them in front of the kids, you could end up losing custody rather than gaining it.

We suggest that you call and talk to one of our experienced Greenville child custody lawyers before you attempt to file a motion on your own. There are certain formal requirements you must meet if you expect your motion to be accepted by the court. You also need to make sure your certification is truthful and complete. Your family lawyer in Greenville can help make sure this happens. While you have every right to handle this sort of matter on your own, the odds of your motion being granted are much higher if you retain a seasoned Greenville child custody lawyer.