Parents who share children but live separately usually need to establish custody orders. They can do so by cooperating with one another. They might work out a schedule and a system for sharing decision-making authority on their own that works well for the family. In cases where they struggle to agree on the details, a judge can make those decisions for them.
Once there is a court-approved custody order in place, both parents have an obligation to uphold the terms of the custody order. They may need to make occasional adjustments due to unusual challenges, such as a softball tournament or an unexpected illness. For the most part, however, they need to uphold the custody order as it stands.
If a custody order no longer fits the family’s needs, then the parents might benefit from pursuing a custody modification. When is a custody modification possible?
When parents agree
The simplest way to adjust custody is to reach a mutual agreement. Parents can rework the terms of their custody order and then submit paperwork cooperatively to the family courts. A judge reviews the modifications and updates the custody order as long as they agree that the proposed terms are appropriate and in the best interests of the children.
When there has been a major change
Parents may not agree on the need to modify the custody order or exactly how to adjust the custody terms. In cases where there is a dispute on the issue, they may need to litigate. Contested custody modifications are usually only an option in scenarios where there has been a substantial change in family circumstances.
Modifications may be possible in a variety of situations, including:
- proposed relocations
- changes in school enrollment
- changes in employment
- children starting extracurricular activities
- parents starting new relationships
- credible accusations of neglect/abuse
- a significant shift in the health of a family member
There may be other circumstances that qualify for modification hearings as well. Parents may need to discuss the terms of their current custody order to determine if a contested modification is possible.
Parents who recognize that their circumstances have changed may need to adjust their custody arrangements, and that’s okay. Partnering with an attorney to address child custody matters can make it easier for parents to make effective decisions.
