The terms of a custody order split parental rights and responsibilities between two adults who live separately. They have to follow a specific schedule and share decision-making responsibility in most cases.
Some families have relatively balanced shared custody orders. Other times, the courts allocate far more parenting time and authority to one parent. The arrangements are the result of cooperation between the parents or the court’s evaluation of what is likely in the children’s best interest.
Either parent may eventually come to question whether the current arrangements truly work for the family. They may want to request a custody modification. A judge can formally change a custody order if the situation warrants a modification request.
Who decides when a custody order requires an update?
Concerned parents
Parents generally have the authority to work cooperatively to change their custody arrangements as necessary. They can submit paperwork to the courts jointly requesting an uncontested modification. Judges can then review and approve the proposed changes as long as they appear to be in the best interest of the children involved.
Family law judges
Parents do not always agree about the need to modify custody or the best way to adjust the custody order. In contested modification cases, judges determine whether there has been a significant change in circumstances that necessitates a custody modification. The judge also has the authority to choose what modifications they approve based on their understanding of the family circumstances.
Both contested and uncontested custody modifications can be options for parents, depending on family circumstances. Learning more about the process for updating a custody order can help parents ensure that their arrangements prioritize their children’s needs.