Can I modify the agreement if the father is found unfit? 2 Answers as of April 03, 2012

Will they modify my arrangement? And what will prove him unfit as a parent? He has a history of being abusive, he is neglegant, just not sure what I need for proof besides documentation?? Help me please.

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The Law Offices of Seth D. Schraier
The Law Offices of Seth D. Schraier | Seth D. Schraier
Yes, you can modify a custody agreement if the father is found unfit. Whether and to what degree a court will modify your arrangement will likely depend on what the current arrangement is and what arrangement you are seeking. Where an award of joint custody has been made pursuant to a divorce decree, it will not be changed unless there is a showing of substantial change in circumstances which adversely affects the children and makes a change of custody necessary in their best interest, or unless it is shown that a custodial parent is unfit. Factors which bear on a parent's fitness to have custody also include his or her financial status, capacity to provide for the children's emotional and intellectual development, and inclination to encourage regular contact with the noncustodial parent. When modification of an earlier custody order is sought on the ground of abuse, the requirements of the Family Court Act 1046 apply.
Answer Applies to: New York
Replied: 4/3/2012
Bruce Plesser | Bruce Plesser
The court can modify an agreement if it is in best interest of child.
Answer Applies to: Florida
Replied: 4/2/2012
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