Child custody arrangements aren’t always permanent. Children grow, and family circumstances change, requiring adjustments to existing custody orders.
This means petitioning the court to modify the terms of the parenting time order. But seeking a modification isn’t always cut and dry, especially when parents unintentionally weaken their case by making avoidable mistakes.
Protecting your child’s best interests
When the judge implemented the existing child custody order, they determined it was in the child’s best interest. Therefore, they will consider any modification requests based on how a change will impact the child. In other words, courts do not change custody arrangements lightly.
A custody order can’t be modified simply because a parent wants a different schedule. Instead, the parent requesting the modification must typically show that a material and substantial change in circumstances has occurred since the court issued the original order. This may include:
- A significant change in a parent’s work schedule
- A parent relocating
- Concern about the child’s safety or well-being
- Changes in the child’s needs
The court may deny the request unless there is clear evidence of a substantial change.
Some parents make the mistake of altering the parenting schedule on their own without first obtaining court approval. Keeping the child longer than allowed, denying the other parent their parenting time or moving the child to a new location can seriously harm their credibility with the court. Judges expect parents to follow court orders until they are officially modified.
Another mistake is allowing frustration or conflict to guide your decision. A custody modification should always focus on the child’s best interests. Some parents seek modifications because they are unhappy with their co-parent or want to “win” in court. The court will likely deny requests that appear motivated by anger, retaliation or personal conflict.
Attempting to navigate the legal process of custody modification on your own can also cause significant issues. There are specific procedures that you must follow, and failing to do so can lead to unnecessary delays or procedural mistakes. A legal representative can help by evaluating if your circumstances meet the requirements for modification and guide you through the process.