Wednesday, November 24, 2010

How long do I have to wait after a divorce to change custody?

My atty told me that custody can be changed at any time if there is evidence to use in court that a different arrangement is in the best interest of the child; however, he also said that Judge's really look at a case hard if it's been less than 2 years since the last custody hearing to make sure the parents aren't just using the court process to harass the other parent.How long do I have to wait after a divorce to change custody?My husband and i are going through the same battle with his two kids. here is what our attorney told us. If it has been less than two years you have to show that the children are in some sort of danger or a harmful situation if the custody stays the way it is. If it is more than two years then you can use the %26quot; best intrest of the child%26quot; argument. Our case has been less then two years, but we have proof that the other side is causing physical and emotional harm to the children. If you can prove that then go for it, if not you might have to wait two years.