When parents decide to divorce or begin living separately from one another, they generally have to share their responsibilities. A child custody order contains either terms that the parents agreed upon with one another or that a judge decreed were in the best interests of their children.
There is an expectation that both parents should consistently uphold the custody order as written to the best of their ability. However, there are some situations that make custody orders outdated and convert them from documents that provide solutions into sources of protracted conflict between parents.
In those scenarios, parents may want to modify their custody orders. When is a formal adjustment of a custody order possible?
After a significant change in circumstances
Technically, either parent can petition the family courts for a modification at any time. They simply need to present the courts with evidence of a substantial change in circumstances that might alter what a judge agrees is in the best interest of the children.
A parent starting a new job or a child developing new medical challenges could both make custody modifications necessary. Non-compliance with the custody order, including attempts at parental alienation, can also provide grounds for modification requests.
When parents agree on a change
Major changes are not always necessary for custody modifications. If parents can agree with one another about how to change the custody order, they can do so through mutual agreement. Submitting paperwork to the courts for an uncontested custody modification does not require litigation and is therefore a relatively fast process if parents have the right support.
Going back to court for custody modification is sometimes the best way to adapt to changing circumstances and evolving relationships. Understanding when a custody modification could help keep co-parenting peaceful and can help parents make changes necessary to work together effectively.
