A custody order describes how parents share time with their children and responsibility for decisions about their upbringing. Some parents establish their own custody arrangements through mutual agreement and Court approval. Others litigate, which involves asking a judge to set the terms for shared custody.
Even the most comprehensive custody order may fail to address unexpected changes in family circumstances effectively. Parents may ultimately need to go back to court to modify their existing custody order. When can parents ask the courts to update a custody order?
After a significant change in circumstances
Life changes after parents separate or divorce. Adults start new relationships or jobs. Families relocate. Children move from grade school to middle school and high school.
Significant changes in schedules, family members or even the Dynamics within the family may make a custody modification necessary. Either parent can ask the courts to review and adjust an existing custody order when they have proof of a change in circumstances that alters what is in the best interests of the children.
After reaching an agreement
Parents who need to update their custody orders have the option of working with one another. Uncontested custody modifications are often simpler than litigated modifications. Parents can negotiate new terms with one another and then ask the courts to review the terms and verify that they are in the children’s best interests.
Working with an attorney can make the custody modification process much easier for parents to manage. Experienced legal support is important in both contested and uncontested modification scenarios, as mistakes with paperwork or the wrong presentation of a case to a judge can impact a parent’s likelihood of success.