Once parents have a custody order on record, there is an expectation that they should follow the terms of that order. They have to regularly exchange custody and communicate with one another to make decisions about their children.
If either parent fails to fulfill their parental responsibilities, they could be at risk of enforcement efforts. The other parent could take them to court to hold them accountable for their refusal to uphold the established custody order. Occasionally, parents believe that their custody orders do not work with the family circumstances. They may want to adjust the terms set.
A formal custody modification can alter the division of parental rights and responsibilities. How do parents modify an existing custody order to better reflect the current family circumstances?
By reaching a mutual agreement
Modifications can be relatively simple if both parents agree that the custody order requires changes. Parents can negotiate their own terms for a custody modification. They can then cooperate to file an uncontested custody modification request.
Parents are typically able to set terms that work for their families through mutual agreement even if those terms might deviate from what a judge would approve in a litigated custody scenario. Even if they agree on the new terms, modifying the order through the courts is the only way to make the new terms enforceable.
By filing a formal request
Sometimes, parents do not agree that a custody modification is necessary or they don’t agree on the terms to set. In such scenarios, either parent can file a petition with the courts requesting a contested custody modification.
A judge hearing a contested modification case reviews the existing custody order. They also examine the evidence from the parents supporting the claim that there has been a substantial change in circumstances making a modification necessary. New household schedules, new relationships and changing dynamics can all potentially justify a modification request.
A judge hearing a contested modification case should try to make decisions that are in the best interests of the children. They might increase one parent’s time with the children or make other adjustments based on the changes in family circumstances.
Knowing how to formally pursue a child custody modification can help parents ensure their custody order meets their family’s needs. When circumstances change, the custody order may need to change too to prevent complications and conflict.