Custody orders outline a specific allocation of parental rights and responsibilities. Typically, each parent has a certain number of overnight visits or a percentage of overall parenting time. Both parents may also share legal authority to make decisions regarding their children.
Custody orders allocating parenting time and authority are enforceable court orders. Both parents should do their best to uphold the terms set in the custody order. Occasionally, parents may reach the conclusion that the order does not meet the family’s needs anymore. They may need to ask the courts to modify the custody order.
What situations make a modification possible, even if co-parents can’t agree to one?
A significant change in schedules
Maybe a teenager just started a part-time job, and they now have less time to spend with either parent. Perhaps one of the parents started a new job that moves them to a different shift or has a longer commute. Scheduling changes could result from extracurricular activities, school transfers and even new relationships. When the current parenting schedule no longer works for the family, a modification can help adjust the division of parenting time.
A proposed relocation
As life moves on after divorce, parents often need to make major changes. Those starting new jobs, committing to new relationships or upgrading from a rental arrangement to homeownership may need to move. If a relocation creates more distance between the parents, it may be necessary to modify the custody order before the relocation occurs.
Concerns about the children’s well-being
Some custody modifications begin with concerns about abuse or neglect. Maybe the children come home from one parent’s house bruised and malnourished. Perhaps they describe the other parent passing out on the sofa for the whole weekend due to drugs or alcohol. In scenarios where there is evidence supporting the claim that one parent does not consistently meet the needs of the children, the courts may agree to adjust the allocation of parental rights and responsibilities. Limiting the parenting time of an adult who has developed substance abuse issues or become volatile may be necessary for their safety.
Parents have the option of cooperating with one another by filing an uncontested modification. Either parent can file a request for a contested modification if they have evidence of substantial changes in the family’s circumstances. Updating a custody order can help ensure that the children and the family receive appropriate support and care. Formal modifications help make custody arrangements enforceable and help to ensure that a current custody order reflects what is best for a former couple’s children.
