modify custody order

Custody Modification-Changing Child Custody

Custody modification and changing a child custody order can be achieved in certain circumstances.

A court can modify a custody order previously made if the circumstances warrant it. The parent who is seeking a modification of custody order must show the court that the circumstances have changed significantly since the making of the original order.

This modification of custody is discouraged be some states in the U.S. in the first few years of a custody arrangement by imposing a higher standard of proof of change of circumstances-the courts will need to see that the child is also endangered in his current environment if the application for modification is to be successful in the early years of a custody arrangement.

However if the parents decide between themselves that they are agreeable to modify the custody arrangements then the court will allow it and not stand in the way. It is a smart move though to go to court and get an order ratifying this change to cover the situation where a parent changes his/her mind in relation to the new arrangement.

It is worth noting also that a parent will still have their child support obligation, even though they may be successful in having a custody arrangement modified.

Generally a court will approve a modification where the parents are in agreement unless it is not in the best interests of the child.

Changes of circumstances to warrant a modification and child custody change

The types of significant changes in circumstances which might warrant a change in custody arrangements includes

1. A significant change of location

This may bring about a change in the existing custody arrangement and could see custody moving from one parent to the other. Before this happens the court will encourage the parents to agree on a parenting plan to reflect the changed circumstances.

The attitude of courts varies from state to state with the overriding importance of the child being paramount in every circumstance.

2. Significant change of lifestyle

If a change of lifestyle threatens or endangers the child then the non custodial parent can easily apply for modification.

The excessive use of drugs or alcohol by one or other parent will allow the concerned parent to get a modification order which might include visitation rights and this would include the custodial parent seeking to limit visitation rights for example for the errant parent.

Filed under Child Custody Forms by Terry

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