Child custody modifications

On Behalf of | Jun 9, 2024 | Child Custody & Visitation |

Did you know that you may be able to modify your existing custody order? If there has been a substantial change in circumstances since they came into effect, child custody orders can be adjusted to reflect the current reality.

It could be due to a change in the living arrangements of either parent, a relocation, safety concerns or changes in the child’s needs and preferences as they grow older. Whatever the reason, the proposed changes must be in the child’s best interests.

How to go about modifying child custody orders

There are two ways of modifying child custody orders. One, you can agree with your co-parent on the necessary changes and work together to come up with a revised custody arrangement. Once you submit your modified parenting plan in court, a judge may approve and formalize it if it serves the child’s best interests.

If you cannot reach a consensus with your co-parent on the changes, you can go through the court process of modifying child custody orders. It involves filing a motion with the court, preparing supporting documents and serving the other parent with the legal papers.

The court will schedule a hearing to review the petition where both parents will have a chance to present their arguments. The presiding judge will decide whether to modify the custody orders based on what’s best for the child.

Evidence is key

It’s worth noting that family courts are not so quick to modify existing custody orders due to the potential disruptions to the child’s life. As such, a judge will not approve a modification petition without proper evidence showing a material change in circumstances and how the child will benefit from the new arrangement.

Reaching out for legal guidance when seeking a modification of your parenting plan can help build a strong case and increase the chances of a successful outcome.