During a divorce, most states require that a child custody agreement be included to provide for the needs of the child; however, there may be circumstances when parents must seek a child custody modification order at some later date. This is yet another upheaval in a child’s life that should be avoided if at all possible. Yet under the right circumstances, such upheaval is justified. It is important, moreover, to have such changes approved by the court in order to insure equitable and responsible treatment for all concerned.
Methods of Child Custody Modifications
When a need arises for parents to modify their child custody agreements, it is vital that they have those modifications approved by the same court that originally established them. If the parents can negotiate the changes themselves, they can bring the new agreement to the court for approval. This is the least stressful and costly means of modification, and it is generally approved by a court unless the terms are incompatible with the state custody guidelines.
Even if parents believe they have negotiated an agreement with which both are satisfied, they should have it officially approved by the court. If not, there may be repercussions in the future, including one parent disregarding the spoken agreement and attempting to reestablish the court orders or financial issues over support amounts once visitation times have been adjusted.
Reasons for Child Custody Modifications
Generally, there are few situations in which courts approve custody modifications. Courts generally only approve modifications if the changes in circumstances are substantial. Often, these modifications may be required for the child’s protection. Some common reasons for child support modifications include:
- Lifestyle changes – this may mean a change in work schedule from day shift to night shift. If it results in leaving the child alone at night, it may be in the best interests of the child to have custody awarded primarily to the other parent. Other lifestyle changes may include situations in which either parent begins abusing drugs or alcohol.
- Destabilization of the household – this may occur as a result of criminal activity by one parent, the death of one parent, abandonment of the child, or sexual abuse.
- Geographical moves – if either parent moves, some custody modification may be required. If the custodial parent moves, they may be required to pay for the non-custodial parent’s travel for visitation. If the non-custodial parent moves, it may require a change in visitation schedules.
- Child preference – this is rarely the sole cause of a modification of child custody, however, it may be a factor if the child is old enough (often 12 years of age or older)
Getting Legal Help with Modifying Child Custody
When parents can work out such changes between themselves, they may be able to put the new custody agreement in writing, submit it to the court, and have it approved. However, if they cannot come to an agreement, it may be essential for them to obtain the help of a child custody attorney to help negotiate a new agreement, or to present their case before a judge to obtain the custody rights they deserve.
