The terms included in a final custody order reflect either an agreement between parents or determinations by the courts. It is customary for both parents to receive a significant amount of time with the children even in high-conflict cases.
Children need strong bonds with both adults for optimal social and emotional development. There is an expectation that parents should uphold the existing custody order to the best of their abilities. However, there may also be scenarios in which seeking to adjust or modify a custody order might be a reasonable decision.
One parent can opt to go back to court and request more time with their children. The following are some of the reasons why a parent could have grounds to increase their allocation of parenting time, even if they cannot come to an agreement with their child’s other parent about the terms of such an adjustment.
A noteworthy improvement in their circumstances
If the parents agreed to limit one adult’s time with the children or the courts reached that conclusion, there may have been pressing issues in that parent’s life. Perhaps they had health challenges or unaddressed issues with addiction. Maybe they didn’t have a stable place to live yet. When someone undergoes treatment for issues that may affect their parenting or when they improve their living arrangements, they may be able to request additional time with their children.
Concerns about the other parents’ abilities
Perhaps one parent has started a new relationship and no longer seems to have much time to spend with the children. Maybe they have begun experiencing substance abuse issues since the divorce occurred. When there is documentation of unstable and unsafe circumstances that could endanger the children, the courts might grant one parent more time with the children to limit their exposure to a sub-optimal living environment.
Issues with denied parenting time
Sometimes, one parent does not consistently comply with the parenting plan. They might cancel the other parent’s time with the children with a little warning. They might even schedule every possible meeting and appointment during the other parent’s time. In scenarios where one adult has consistently failed to uphold the custody arrangements, a judge might either order makeup parenting time or modify the allocation of time with the children.
Pursuing a formal custody modification can potentially allow someone to secure more time with their children. Parents who know when to take legal action can more effectively advocate for the relationships they have with their kids.