Child custody agreements are generally flexible and up for negotiation as your child grows. Perhaps your child’s needs have changed, or maybe you and your ex-partner’s schedules have shifted drastically. In such cases, your initial custody agreement may no longer work.
One potential remedy is to modify the existing custody order. But to do that, you or coparent must present a reason that the court will deem valid.
Legal reasons to modify a child custody order
For a judge to agree to a modification, both of the following must be true:
- There has been a substantial change in circumstances impacting your child’s welfare
- Modifying the order will align with their best interests
That said, here are some examples of valid reasons to modify a child custody arrangement:
- One parent must relocate, which would significantly impact the current visitation schedule
- There are changes to the child’s academic or extracurricular schedule
- Serious illness or disability is affecting one parent’s ability to care for the child
- Both parents have new work hours or job responsibilities
- One parent is in the military and will deploy soon
- There is evidence of abuse, neglect or other concerns regarding an unfit parent
The court will always prioritize the best interest of the child when considering modifications. Hence, you must show the court that the proposed change will not have a significant negative effect on your child’s health, safety and well-being.
Rules for small or temporary changes
Parents generally do not need to go to court for minor and/or temporary changes in the parenting schedule.
For example, if one parent needs to skip a scheduled visit to attend a work event, there is no need to change the existing agreement.
However, a short-term change that can have a significant impact on the child may require a temporary modification.
Suppose you have to work out-of-state for a few months. In that case, you can modify the order, so the other parent has primary custody for that set period. Once that period ends, the regular custody arrangement will resume.
An experienced lawyer can understand your unique needs
There is no one-size-fits-all approach to custody arrangements. Every family’s needs are unique, which is why talking to a family law attorney can be invaluable.
An experienced lawyer can understand your family’s specific circumstances, help you seek a fair resolution and, most importantly, protect your child’s best interests.