A custody order outlines the division of parental rights and responsibilities for a family. The terms of a custody order usually reflect either the result of negotiations between the spouses or the determinations of a family law judge.
Parents typically have to follow the terms set in a custody order or risk their co-parents taking legal action. Divorcing parents and family law judges usually try to establish custody arrangements that suit a family’s needs and uphold a child’s best interests.
Occasionally, parents may conclude that the current custody arrangements do not truly work for the family. They may want to modify or formally change the custody order. What are some of the most common reasons that people seek a custody modification?
1. A need to relocate
Parents generally need to stay near one another to ensure regular custody exchanges. A relocation can create numerous practical challenges for shared custody. Parents usually need to request formal modifications when they want to move with the children.
Sometimes, parents can cooperate to make simple modifications to their custody arrangement. Other times, a judge may have to review the matter and determine if the relocation is appropriate.
2. An improvement in circumstances
Frequently, uneven custody arrangements reflect an unstable or unhealthy home situation. When a parent doesn’t have proper housing, can’t afford to meet the children’s needs or struggles with addiction, the courts may limit their parental rights. Those who have taken steps to improve their circumstances can potentially request modifications that result in more time together with their children.
3. Major shifts in circumstances
Perhaps a child has had academic or behavioral issues and must now transfer to a different school. That can drastically disrupt the entire family schedule.
The same might be true of a parent taking on a new job or remarrying. When there has been a significant change in family circumstances, that change may warrant an adjustment of custody arrangements as well.
Formal custody modifications require a petition submitted to the courts. Parents can either cooperate or litigate depending on the circumstances. Understanding the process involved in officially modifying child custody can help parents protect and assert their parental rights. When circumstances change, a custody order may need to change as well.