I have had joint custody now from a separation agreement for a couple of years. What would he have to prove to get custody? He is more involed with the kids than I am. I am not bad, just not as involed.


If custody is outlined in a Separation Agreement, a party seeking to change the arrangement would file an original action with the courts for Child Custody and Visitation. That party would have the burden of proving in court that the arrangement in the Agreement is no longer in the best interests of the children, and there interests would be better served if a change in custody were implemented.