A court-approved custody order dictates the parental rights and responsibilities of each parent in a family. Adults generally have a responsibility to comply with the parenting schedule outlined in a custody order, as well as rules regarding the division of parenting authority.
Usually, those establishing custody orders try to ensure that they appropriately address the family’s unique circumstances and grow with the children. However, custody orders may not work well for the family. They may then trigger conflict between parents or make life less predictable for the children.
Parents may hope to officially adjust or modify the custody order currently in place for their family. What steps are necessary when seeking to modify a court-approved custody order?
Working out an agreement with a co-parent
The simplest way to modify custody is through mutual consent. Parents can theoretically agree with one another on exactly what changes are necessary. They may negotiate terms to update the schedule for custody exchanges after the children change schools or a parent changes jobs, for example.
When a custody modification involves mutual consent, parents can work together for an uncontested modification. The process generally requires a submission of documents to the family courts for an uncontested modification. Working cooperatively is typically the fastest option available.
Asking a judge to modify the order
Parents may not necessarily agree on the modifications that they require. If one parent wants more time with the children, the other may resent losing that time.
If repeated disputes about decision-making have arisen, one parent may want to ask for a final authority on certain matters. Even a move away or relocation scenario could find the parents disagreeing about the proposed changes for the family.
In such scenarios, one parent can petition the courts for a contested modification hearing. A judge reviews the current custody order and documentation supporting the assertion that a significant change in circumstances makes the modification necessary. The judge can then adjust the custody order based on what they believe is in the best interests of the children.
Either approach can potentially result in a custody order that better fits a family’s needs. Learning more about post-decree custody modification can help parents tailor their arrangements to meet the needs of their children.
