The terms outlined in a custody order affect family dynamics until the children become adults. Parents who share custody should follow the court order consistently. The order may require regular custody exchanges and frequent communication between the parents. They may even need to work together to make decisions about matters related to their children’s health or educational needs.
Typically, parents who establish their own custody orders and courts settling litigated custody disputes try to create arrangements that evolve with the family’s needs. However, there may sometimes be scenarios in which the custody order no longer addresses the family’s circumstances effectively. In such cases, a custody modification may be the best solution available.
When can parents who share custody modify their existing custody order?
When they agree on the necessary updates
Parents can cooperate about custody modifications just as they can cooperate when establishing an initial custody order. Parents who agree that specific revisions are necessary can pursue an uncontested custody modification at any point.
They may need to work with an attorney to fill out the necessary paperwork to formally adjust the current custody order. Once the courts approve the modification, the new terms become the enforceable custody arrangement for the family.
When circumstances change
If parents disagree about the need for a custody modification, then the situation must meet a different standard. Specifically, the parent requesting the modification must show the courts that there has been a significant change in family circumstances.
Many different changes could be significant enough to warrant a custody modification. For example, a parent accepting a new job or the children moving to a different school could make a modification necessary. New relationships and changing family dynamics can also be significant enough changes to justify a modification request.
Concerns about abuse or neglect, as well as repeated violations of an existing custody order, can also convince the courts that a formal modification is necessary. A judge hearing a contested modification request should decide if changes are necessary and what changes to integrate into the custody order based on their understanding of what is in the children’s best interests.
Especially in cases where there’s a disagreement about the need for a custody modification or the most appropriate way to adjust the existing custody order, parents may require the assistance of a family law attorney. Understanding the rules that govern custody order modifications can help parents protect their children and better ensure that custody arrangements focus on the children’s best interests.