A stable custody arrangement is essential for children post-divorce. It can also help reduce tension between former spouses.
Nonetheless, life and children in particular, don’t stay static. They grow and develop physically, and so do their needs. That’s why, in some instances, the family courts will allow custody modifications. Here are a few important factors to consider.
Significant changes for the parents or child
When a parent’s circumstances change, this may be a legitimate reason to request a custody modification. The same can be said for the child. However, the changes must usually be significant.
Significant changes in circumstances may include:
- The parent has to move out of state for work.
- The parent or child falls seriously ill.
- The child requires special educational services.
If the child’s routine is to be disrupted, it must be justified. The courts always prioritize the best interests of the child.
If the child is in danger
A custody modification can also be requested if the child’s living conditions are unsafe. For instance, if there is any credible evidence of neglect or abuse. As safety is a pivotal aspect of the child’s best interests, the courts can make fast modifications if the evidence is compelling.
Mutual agreement between parents
As long as the court deems it in the best interests of the child, both parents may agree on a modified custody schedule. This often happens as the child gets older and their needs change.
Custody orders are binding and cannot be changed informally. The court must approve modifications. Before requesting a modification, it may benefit you to seek as much legal information as possible.