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Can I Modify the Child Custody Order?

Life constantly evolves and changes, which is why it is possible to modify a court order. If you believe your current child custody order no longer serves the best interests of your children, you can request a modification. However, a judge will only grant this request if there was a substantial change in circumstances and if the modification continues to serve the children’s best interests. Keep in mind that stability and consistency are considered paramount in the life of a child, so a judge will not grant a modification unless you can prove it will benefit them.

What is a Substantial Change in Circumstances?

Before you take your former spouse to court to modify your child custody order, discuss the matter together first. If you can reach an agreement, you will still have to go through the proper legal channels, but hashing out the details together will save you a bit of time. If you cannot reach an agreement, you must go to court.

Below are some examples of a substantial change in circumstances a judge will consider:

  • One or both parents relocated and live far apart, making the current custody order difficult or impossible to comply with
  • The children’s educational process is failing
  • One parent will not comply with the current child custody order
  • The children are starting school and were not in school when the current order was set
  • The custodial parent is living with a new partner and there is evidence of a negative impact on the children
  • There is a charge of familial abuse

Even if the change of circumstance you are experiencing is not on this list, keep in mind that these are just a handful of examples.

Below are some other factors a judge will consider before rendering a decision on this matter:

  • The children’s needs
  • The stability of the home
  • The safety of the children
  • The willingness of each parent to accept the parenting arrangement
  • Each parent’s ability to cooperate and communicate with one another
  • The relationship the children have with their parents
  • Each parent’s employment responsibilities
  • The quality of the children’s education

If a modification of the child custody order benefits you, but does not present any benefits to your children, it is unlikely a judge will grant a modification.

Discuss Your Child Custody Case with One of Our Compassionate Attorneys!

If you wish to modify your current child custody order, reach out to the knowledgeable family law team at Sherwood, Johnson & Poles for the skilled legal assistance you need. We know that as your children grow, their needs will change and your custody order might not meet those needs. We will work diligently on your behalf to ensure you obtain an arrangement that best suits their needs, so they can continue to flourish and grow. Backed by more than six decades of collective legal experience, you can feel confident in our ability to represent you.

Contact our law office today at (888) 224-1218 to set up a free initial consultation to discuss the details of your child custody case.