When might a custody order be modified?

On Behalf of | Oct 3, 2022 | Child Custody And Visitation |

You separated from your ex some time ago. As you had children together, you couldn’t simply go your separate ways. You had to try to make it work as co-parents. You were able to reach an agreement on custody, and the court approved this.

Unfortunately, in recent weeks, it’s become apparent that the current custody arrangement is not working. Can it be modified?

Is the child in danger?

Whether you are negotiating your initial child custody arrangement or seeking a modification, the court will always consider the best interests of the child. The meaning of this can vary from state to state, but something all jurisdictions have in common is prioritizing the child’s safety. If the child is under threat of violence, neglect, or any other danger to their safety, then the court will not hesitate to modify custody.

The reasons for modifying custody don’t have to be sinister. One parent may just have fallen ill and needs to reduce their visitation time or requires a little help in the form of supervised visitation. In these circumstances, the court may grant a temporary modification until the parent concerned recovers.

The needs of the child

Children grow up quickly, which means their needs are constantly changing. The courts are fully aware of this. As a child becomes more independent, the current custody order may no longer be suitable. For instance, they may be engaging in more extracurricular activities — making current visitation days unworkable. In such a scenario, the court may consider making a modification.

Child custody orders are binding, and they cannot be ignored. However, they can be modified for legitimate reasons. If you need some help with your custody rights, then it will benefit you to seek some legal guidance.