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How can parents update their custody orders?

On Behalf of | Oct 24, 2024 | Child Custody

A custody order isn’t just a recommendation for a family’s schedule. It is a court order that is legally enforceable. Parents negotiating a divorce and judges settling parenting disputes often commit a lot of time and energy to establish appropriate custody orders.

Parents typically have to uphold the custody order to the best of their abilities. However, they may eventually find that the terms set in the custody order no longer work well for the family. When there are minor issues with the current allocation of parental rights and responsibilities, parents can sometimes make informal adjustments to adapt as necessary. When those adjustments are a common occurrence or when they prompt significant conflict between the spouses, it could be necessary to officially modify the custody order.

When can parents who share custody update an existing order to better fit their family circumstances?

When there is a material change in circumstances

Parents who share custody frequently do not agree about what is necessary or appropriate. When their wishes do not align, one parent may request a contested modification in family court. As with any other litigated child custody matter, contested modifications focus on the best interests of the children. The parent proposing the modification must convince a judge that there has been a material change in circumstances.

New evidence of substance abuse or domestic violence could constitute a material change. So could a desire to move to a different jurisdiction for job opportunities. They must also show that the changes they seek are in the best interests of the children. A judge then has the opportunity to review and update the custody arrangements as necessary for the family.

When they reach an amicable agreement

The simplest and fastest way to update a custody order is through an uncontested modification. So long as parents can agree with one another about the changes they need to make, they can file paperwork with the courts to obtain an uncontested modification. Parents can typically set whatever terms they deem necessary, as long as a family law judge agrees that they are in the best interests of their children.

Understanding the scenarios in which a custody modification can be possible can help devoted parents better preserve their relationships with their children. Those who successfully update custody orders can obtain more time with their children or protect their children from an unstable environment, etc.