Child Custody Modifications

Parents who share custody or visitation often face new challenges over time. Child custody orders can be modified to address those changes. The family court will grant a modification if it’s in the best interests of the child.

A parenting plan can become outdated, especially as children grow up and have new needs. Your existing custody arrangement might no longer be the right solution for your family. Custody changes focus on giving each child the best possible parental support.

Modifying a court order involves a complex legal process. This article describes child custody modification and related topics, such as state relocation laws. You can also learn about the reasons for child custody modification.

The Standard for Determining Child Custody Modifications

Regardless of the reason for ordering a child custody modification, the court will decide in the child's best interests. The court will prioritize placing the child in a stable, safe environment conducive to the child's well-being and welfare.

There are several factors the court will consider to determine how the child custody order will look, such as:

  • The child's needs
  • The physical health and mental health of each parent
  • The parent's ability to provide adequate care to the child
  • The child's preference (if the child is old enough, according to state law)
  • Any evidence of parental substance abuse, domestic violence, or child abuse
  • Whether child support modifications will negatively affect the child's life
  • Whether the current order is causing harm to the child

A modification can change your parental rights. You might currently have legal custody or physical custody of your child. Even if you have sole custody, the court could modify the order to award joint custody if it benefits the child. Visitation orders and child support orders can also be modified.

Common Reasons To Modify a Child Custody Order

Children grow, and families’ lives change. A significant change could mean that your original custody arrangement no longer meets the needs of the child.

Substantial changes that may lead to a child custody modification often include:

  • New work schedules
  • A notable change in the child’s preferences
  • Relocation for work, school, family support, or housing affordability
  • A new opportunity to improve the child’s quality of life, such as support for an extracurricular activity or their relationship with grandparents
  • Newly established paternity that granted fathers’ rights
  • An emergency or serious medical condition
  • Signs of substance abuse, domestic violence, or other safety concerns regarding an unfit parent
  • Abduction of the child, relocation without court approval, or failure of a party to follow the parenting time schedule
  • Neglect or abandonment

You will need to explain to the court why you want a modification of custody. Most states require you to prove a material change in circumstances. A material change is something major enough to affect the child’s life or the parenting schedule.

When You Don’t Need a Modification

Child custody arrangements are rigid. Once you are subject to a custody order, you must follow it. However, caring for a child often requires flexibility.

Not all changes are material. Simple matters like singular schedule adjustments usually don’t need a modification. For example, parents may agree to let the child stay longer than usual in one custodial home while relatives visit. Such scenarios would not substantially impact the parents’ or child’s lives.

But, too much variation could violate the custody order. Parents cannot drastically diverge from the current order to fit their personal preferences. Even if both parties agree to a change, court orders are legally binding. Big changes might no longer serve the child’s best interests.

If you have questions about custody and whether you need a modified order, speak to an attorney. You may need a temporary or permanent modification. Alternatively, you may enforce your current order if the other person violated your custody or visitation rights.

Temporary Child Custody Modifications

Sometimes, parents need to change custody arrangements temporarily. Temporary modification is a common solution for a short-term, high-impact scenario. A temporary change could be as simple as a new job schedule or as serious as a parent’s hospitalization.

A judge can modify the court order stipulating that the change is temporary. Temporary orders depend on several factors, including state laws. Sometimes, the court sets a specific duration. After the end date, the original custody plan automatically resumes. In other cases, a modification will last until the court restores the original custody order.

How To Modify Child Custody or Visitation

All custody changes must go through the court process. Even if both parties agree, a judge must approve your new child custody agreement. Approval is also necessary if either party wants to move out of state.

Many courts limit how often you can modify a child custody order. These restrictions vary by state laws. Parents can’t choose to follow a different arrangement during this waiting period.

Though your individual case may vary, here are typical steps in the child custody modification process:

  1. The parent consults with an attorney familiar with state laws of the court that has jurisdiction over their child custody case.

  2. Sometimes, both parties discuss the new child custody arrangement through mediation or negotiation. They may agree on a new parenting plan to present to the court.

  3. The parent files a petition for modification with the family court. They also file affidavits to show a change of circumstance that affects the existing order. They usually also pay filing fees to the court.

  4. The person who filed for the modification notifies the other party. This step gives them a chance to challenge the change. State law sets the requirements for how to provide this notice.

  5. The court holds a hearing. Parties can use witness testimony, private investigators, and other evidence to support or contest the change.

  6. The judge reviews whether the modification request is in the child’s best interests. The court reaches a decision to either keep the original order or issue a new one.

The modification process is similar to how you get custody in the first place. Yet, these cases can be just as complex. A misstep could jeopardize the child’s well-being or your parental rights. You can help protect them by understanding and obeying the court’s requirements.

Get Legal Help With Child Custody Modifications

Child custody modifications can be difficult to navigate. Legal advice can guide you through your custody battle. Family law attorneys can help you petition for custody of a child and advocate for your parental rights.

Talk to a child custody attorney about changing an existing order. Many law offices offer an initial consultation for free. A lawyer will explain what you can expect during the modification process in your state.

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Can I Solve This on My Own or Do I Need an Attorney?

  • Both parents can seek custody of their children — with or without an attorney
  • An attorney can help get the custody and visitation agreement you want
  • An attorney will advocate for your rights as a parent

A lawyer can help protect your rights and your children's best interests. Many attorneys offer free consultations.

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Don't Forget About Estate Planning

Once new child custody arrangements are in place, it’s an ideal time to create or change your estate planning forms. Take the time to add new beneficiaries to your will and name a guardian for any minor children. Consider creating a financial power of attorney so your agent can pay bills and provide for your children. A health care directive explains your health care decisions and takes the decision-making burden off your children when they become adults.

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