When Modification Are Needed
Generally, a court will not consider altering a child custody arrangement that appears to be working for all involved parties. Primarily, a court’s concern is the best interests of the child, meaning that a court will not want to interrupt a child’s way of life and well-being for frivolous reasons.
If Your Child is in Danger
One of the main reasons why a court will consider a child custody modification if the child is in immediate danger in the current household. In assessing the danger to the child, a court will consider the following factors:
Domestic violence in the parent’s home Whether the danger to the child is immediate Whether the child has expressed an unwillingness to remain in the home of the parent, where danger may be present
Physical Relocation of a Parent
A court will consider a child custody modification if one of the child’s parents is considering relocating to a distant location. Prior to altering child custody, a court will consider the following:
The motivation of the parent who is relocating Whether the child’s life will be interrupted (after-school or sporting activities, friendships, religious upbringing) by a child custody modification Whether the move renders the visitation schedule impractical or impossible Whether the parents have communicated a way to rework the visitation schedule
If the Visitation Schedule Is Ignored
If one of the parents is not cooperating with the current visitation schedule, a court may consider a change to the child custody arrangement. A court will consider the following factors before ordering a child custody modification when a parent is not cooperating with the visitation schedule:
An agreement reached by the parents in the parenting planCommunication between the parentsReasons for which the current visitation schedule has not been followed
Following the Death of a Parent
If a custodial parent dies, a child custody modification is necessary as the court will need to determine if the non-custodial parent will assume full responsibility of the child or if a third-party will assume custody of a child. Generally, a court would prefer for the child to remain with the non-custodial parent, as it will cause less strain on a child’s life. However, a court will consider alternative arrangements, if the child cannot remain with the non-custodial parent for one of the following reasons:
Distance from custodial home or familyNon-custodial parent’s employment makes it impossible for him/her to assume full responsibility for a childThe child expresses a desire to remain with a third-party
Additional Tips
Prior to initiating a new child custody proceeding, parents should try to communicate with each other first and work out a mutually-acceptable agreement. Additionally, before considering a child custody case in court, parents may benefit from mediation or arbitration, which is less adversarial and time-consuming than the standard process.
