Can Getting Remarried Affect Child Custody?
When a parent remarries, it may justify the modification of a child custody agreement, as remarriage can change circumstances in the life of a child that may affect the stability or otherwise influence the child’s living situation. Learn the requirements necessary to adjust a child custody agreement.
When Does Remarriage Justify a Modification?
In order to change a child custody agreement, the remarriage must constitute a material change in circumstances, including changes in the child's living situation, residence, routine, or development. Because remarriage typically impacts a child's life and brings about changes, this standard can often be proven. An attorney can provide an opinion as to whether this standard is present in your situation.
What Factors Will the Court Consider in Making Its Decision?
Even if the remarriage constitutes a change in circumstances, the court does not automatically grant the requested modification. The party seeking modification must prove that the request is in the best interest of the children.
In assessing the best interest of the children, the court will consider any relevant factors. Some factors that the court may consider include:
The wishes of the parents
The wishes of the children
The need to promote stability and continuity for the children
The interrelationship of the children with the parents and siblings
The characters of all persons involved (including the new spouse)
Whether there has been any domestic violence
The court may inquire into the criminal histories of the parties, financial information, substance abuse issues, and any other information that may have some impact on the children. An attorney can help identify relevant information and evidence to present in a modification action.
How Can an Attorney Help?
If you have remarried and are seeking a modification of your child custody agreement, or if the other parent has remarried, then you should seek out the assistance of a qualified family law attorney who will explain how the law applies to your situation and advise you of your options.
Our team of attorneys at Drexler Law have experienced child custody disputes firsthand, and we will fight for the best interests of your children. We’re well-versed in this area of Colorado law, and we’re prepared to help you through this process.
If you’re seeking a child custody modification, contact Drexler Law at (719) 259-0050 to schedule a consultation with our Colorado Springs attorneys.
