Custody orders generally feature terms that work for the family. The order establishes a general breakdown of parenting time, a standard schedule and even rules regarding decision-making about the children. Parents either make their own arrangements through cooperation or have a family law judge establish a custody order based on the best interests of their children.
Frequently, custody orders include relatively broad terms that can guide family matters until the children reach adulthood. Some families find that their custody arrangements no longer work for the family. Significant changes in circumstances can render an existing custody order less effective.
Children transferring to a new school or experiencing medical challenges could make a custody order obsolete. Parents remarrying, moving or starting new jobs can also affect the usefulness of an existing custody order. Parents may need to modify the custody order to better meet their family’s needs in the future.
How can parents go about adjusting custody arrangements?
Through mutual cooperation
As is the case when initially establishing custody arrangements, parents who need to modify custody arrangements can often cooperate with one another. Parents always have the option of filing uncontested modification requests with the family courts. They can set whatever terms they view as effective and beneficial for the family. Modifying a custody order through mutual cooperation is the fastest option available. Unfortunately, parents don’t always agree that a custody modification is necessary or what changes they should implement. Occasionally, they may need to ask a family law judge for help.
Through litigation
When there has been a significant change in family circumstances, a parent can file a motion requesting a custody modification hearing. A family law judge can then review the situation. They compare the existing custody order to the new family circumstances. They may then make adjustments based on what they believe should be in the best interests of the children.
A formal post-decree custody modification is typically necessary to protect parents against malicious enforcement attempts and to ensure that the allocation of parental responsibilities reflects the current family circumstances. Pursuing a custody modification can be beneficial for parents who want more time with their children or fewer challenges in a shared custody situation.
