Hopefully the initial child custody order that was issued in your case will be a good fit for everyone involved, especially your children. But as time goes on, circumstances can change, rendering what was once an appropriate custody arrangement untenable. In this situation, you have to act to modify the custody order to suit your child’s best interests. But before the court will grant such a request, you have to demonstrate that there’s been a material change in circumstances. When can you do that?
What situations warrant a child custody modification?
There can be several, and you may have to get creative with your legal arguments to meet the legal burden confronting you. That said, here are some of the more common situations that oftentimes justify seeking a child custody modification:
- The other parent engages in substance use that impacts their ability to safely parent your child.
- The other parent is the perpetrator of abuse or neglect.
- Domestic violence has occurred in the other parent’s home, especially if your child has been present when that violence occurred.
- Financial circumstances have changed such that the other parent is no longer capable of meeting your child’s needs.
- The other parent is withholding visitation or otherwise disrupting your relationship with your child, such as by engaging in parental alienation.
- The other parent seeks to relocate with the child in a way that would be harmful to your relationship with your child.
As you can see, there are many circumstances that may warrant a custody modification. But if your child’s safety is on the line, then you need to act quickly to protect their interest. This means gathering evidence and witness accounts that support your arguments while also relying on applicable statutes and case law. That can seem daunting at first blush, but your family law attorney can help you competently navigate the process while advocating for your child’s best interests. So, don’t hesitate to reach out to them for any guidance that you may need.