My ex-wife's living situation has changed and I think it harms our son. Can I petition for a change in child custody?

Couples who are going through a divorce often end up fighting over money, property, sentimental possessions and even the family pet. The most contentious battles involve how child custody will be decided. Most states require divorcing couples to come up with a parenting plan establishing which parent will have primary custody or if they will share in the responsibilities of caring for their children, both financially and emotionally. Once the judge has issued a custody order, modifying custody can only be done if one parent files a new motion with the family court system.

Modifying Child Custody Orders

When the circumstances have changed for one of the ex-spouses, he or she may seek to have the terms of their custody arrangement modified. Some of these reasons may include:

• One parent wishes to have the amount of time they spend with their children increased
• Significant changes in the lifestyle of one parent has occurred, i.e. they have become involved with drugs, alcohol or an abusive lover
• The child prefers to spend more time with one of the parents
• Either spouse may need to move out of state for a better job opportunity and wants to take the kids with him or her

When modifying custody arrangements, the parent must be able to prove to the court that their reasons are justified. Only the home state of the child can issue a change in custody. The home state is defined as where the child has resided for the past six months and where the original custody order was issued.

The Importance of a Family Law Attorney

In 1980, the federal government enacted the Parental Kidnapping Prevention Act (PKPA). This legislation was primary passed to ensure that each state gives “full faith and credit” to the custody orders issued by the home state of the child. If you are a parent seeking to have custody orders modified, it is important to retain the services of a family law attorney for assistance. Parents who fear that their child is in danger can request their attorney file an emergency order with the court to obtain a temporary modification until the entire case can be heard in court.