Typical Grounds For Child Custody Modification

A child custody arrangement is not permanent. A custody arrangement represents the best decision for the child's welfare, given the current circumstances. Thus, you can modify your child's custody arrangement if circumstances change and the existing circumstances no longer favor the child. You just need to convince the court of your decision.

Below are some circumstances that the court might use to modify child custody.

A Parent Wants to Move           

Relocation is not an automatic ground for child custody modification. However, either of you can petition for a modification if one of you wants to move. The court may agree to the request if the relocation is in the best interests of the child. For example, the court may allow a parent to move to pursue a better income that can help with the child's education.

The Other Parent Is Difficult

Both parents should respect existing custody arrangements. None of you should change or dishonor the arrangement without the court's approval. In fact, you can request a modification if the other parent has consistently refused to follow the terms of the arrangement or agreement.

Say the arrangement gives the other parent physical custody of the child during the weekdays while you have the child for the weekends. However, the other parent has refused to release the child for several past weekends. You can petition the court for a better arrangement that allows you access to the child.

The Child's Needs Have Changed

Children's needs change with time. For example, a young baby does not need school. However, the child will need to attend school as soon as they become eligible for enrollment. Therefore, a younger child can easily live where they cannot access a good school since they don't need to attend. In such a case, you may need a new custody arrangement once they start school.

The Child Wants a Change

Children do not decide their custody arrangements. However, the judge may consider an older child's wishes as one of the factors that determine custody. Thus, if the current custody arrangements came into place while the child was young, the court may allow a modification if the child wishes for one as a teenager.

A Parent's Situation Has Changed

A significant change in a parent's situation can also trigger a modification. Don't forget that the original child custody arrangement also factored in each parent's situation. For example, an incarcerated parent cannot get physical custody of their child. However, the parent can petition for physical custody upon their release from jail.

You Discover a Hidden Threat

A modification is also possible if you discover a threat that the court did not consider in its initial deliberations. For example, you can petition the court for a modification if you discover that the other parent is an abuser, but they kept the information successfully hidden during the initial custody determination. That might be the case whether the other parent lied about the threat.

An Emergency Arises

Emergencies that threaten a child's welfare or the current custody arrangement also call for a modification. That might be the case if the authorities want to incarcerate one parent. Another example is if the parent's doctor has prescribed lengthy bed rest or inpatient treatment. In both cases, the other parent may have to assume sole physical custody of the child for some time.

Note that you need concrete evidence and legal grounds to modify child custody. Contact the Law Office Of Leonard Ernest Kerr to gather the right evidence and present it to the court to allow you to modify child custody. We have practiced family law for over 40 years. You can rely on our expertise and experience to help you get the best arrangement for you and your child.