The division of parenting time in a custody order determines parental access. The family courts generally expect both parents to abide by terms included in a custody order and to cooperate with one another when minor, short-term adjustments are necessary.
Occasionally, parents subject to a custody order feel dissatisfied with how much parenting time they have. Particularly in scenarios where the courts may have only granted a parent visitation or where they have a small minority of overnight time with the children, they may aspire to go back to court in pursuit of additional parenting time.
The following are a few example of when it is potentially realistic for a parent with less parenting time to request a modification granting them more time with their children.
When they have made personal improvements
Uneven custody Arrangements often reflect unstable family circumstances. Judges may not give a parent overnight time with their children if they don’t have a safe place to live. Issues ranging from health challenges and substance abuse to unemployment can prevent a parent from getting the parenting time they desire. Those who have significantly improved their personal circumstances could be eligible for a custody modification.
When they have invested in their relationships
Particularly when the children are older, their preferences can play a role in the custody arrangements. The courts may grant one parent more time with the children because of the children’s preferences. If the parent-child relationship improves, the children’s preferences may change as well. A judge may agree to grant a parent more time with the children when that is what the children want and the family circumstances have changed as a result of that improved relationship.
When there are concerns at the other household
Sometimes, negative changes are what inspire custody modifications. A parent who previously had more parenting time might struggle to fulfill their parental responsibilities. They may have neglected or abused the children. Job loss, mental health challenges and new relationships can all be sources of negative change that affect what might be best for the children. If one parent has documentation showing unstable or unsafe circumstances at the other home, a family law judge might alter the division of parenting time to reflect those new circumstances.
Pursuing a child custody modification can help parents preserve their most important relationships and uphold the best interests of their children. Parents who recognize when a custody modification could be possible are in a strong position to advocate for their children.