Many initial child custody orders are entered pursuant to an agreement of the parties. This means that the parents have talked about the custody arrangement and have agreed to how time with the child will be shared. While this initial custody order can provide a sense of relief and take uncertainty out of the time-sharing process, it can, over time, become problematic for you and your child. In some instances, it can even pose a threat to your child’s well-being. When this happens, it may be time to consider requesting a child custody modification to ensure that the time-sharing order in place is right for your child.
Under the law, an existing child custody order can only be changed if there’s been a material change in circumstances that are substantial and ongoing in nature. This is a rather broad standard, and, when considered in light of the best interest requirement, give you and the other parent a lot of room to argue over what you think is right for your kid. That said, you have to ensure that your request speaks to the law, otherwise you may end up wasting your time and money making losing arguments.
The answer to this question really depends on the facts and circumstances of your case. However, here are some common issues that can act as the foundation for a child custody modification request:
- Your child’s well-being is endangered: Remember, the child custody process is entirely focused on what’s best for your child. So, if the other parent’s actions or inactions are negatively impacting your child’s physical, emotional or psychological safety, then it may be time to request a modification to protect your child from the other parent. Make sure you have strong evidence demonstrating how your child is negatively impacted by the existing custody order so that you’ll be in a stronger position to secure the modification you want.
- The other parent is uncooperative or has failed to abide by the existing custody order: If your child shares a significant amount of time with each parent, then a strong co-parenting relationship is necessary to protect your child’s best interests. But a lack of cooperation or an outright refusal to abide by the existing custody order can prove confusing and harmful to your child. So, if the other parent is failing to uphold their end of the custody arrangement, then it may be time to consider requesting modification.
- Changes in the parent’s life: A new job, parental relocation and even new relationships can substantially impact your or the other parent’s ability to adhere to the existing custody order. These changes can also affect a parent’s relationship with their child. That’s why when these issues arise, it’s a good idea to look at how the child has been impacted so that you can determine if there are legitimate arguments that can be made pertaining to their best interests.
Craft the persuasive child custody arguments necessary to protect your kid
There are several different ways to approach a child custody dispute. You have to find the strategy that best positions you to secure an outcome that’s truly in your child’s best interests. That can be stressful to think about, but don’t worry. You can find support in crafting your legal arguments so that you can rest assured that you’ve done everything possible to keep your child safe. If you’d like to learn more about what the child custody modification process looks like, then please continue to read up on the subject and consider browsing through the rest of our website.
