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Blogs from June, 2023

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As a parent, seeking a custody modification can be a difficult experience. It can be even more challenging when your request is denied. At DeTommaso Law Group, LLC, we understand the frustration and stress of a custody modification denial.

Understanding the Denial

The first step in dealing with a custody modification denial is understanding why it was denied. A judge can deny custody modification requests if they believe it isn't in the child's best interests. They may only accept the request if the parent has provided substantial enough evidence to support their claim and if the change is permanent and has already occurred. If the changes in circumstances presented are minor, temporary, or have not yet happened, the court does reserve the right to deny the proposed modification.

If you need clarification on why your request was denied, you can ask the judge for an explanation or consult a family law attorney. With this more profound understanding of why your proposed modification was denied, you can move forward and explore alternative options.

Requesting an Appeal of the Decision

If your custody modification request was denied, one option is to file an appeal. You have limited time to appeal the decision, so acting quickly is crucial.

You'll need to prepare a written brief that outlines why you believe the judge made an error and should reconsider their decision. It's important to note that appeals can be costly, so weighing the potential benefits with possible drawbacks and consulting with an attorney is essential. Appeals are very difficult to win, so your attorney might propose that you pursue a different option.

Using Mediation to Reach an Agreement with the Other Parent

An alternative to an appeal is to work with a mediator or counselor to try and reach an agreement with the other parent. Mediation allows both parents to negotiate custody arrangements with the help of a neutral third party. Counseling can help parents work through communication issues and emotional barriers that might be contributing to the custody dispute.

Both options can save time and money and might be appropriate if both parents are committed to working together. Once this agreement is created, both parents must file the proposed modification with the court for review and approval.

Waiting For A Substantial Change In Circumstances

In some cases, the best thing you can do for your child is wait for a substantial change in circumstances before requesting an additional modification. While this might not be the more desirable option, it can be the best option if the original change in circumstances was determined not to be substantial, permanent, or had not yet already occurred.

Strategic & Aggressive

When your custody modification request is denied, it's crucial to understand why and explore your options. At DeTommaso Law Group, LLC, our modifications attorneys can help you navigate your custody modification denial and fight for your child's best interests. Call us today at (908) 274-3028 to request a consultation with one of our attorneys and to learn more about how we will fight for you.

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