Life can take unexpected turns. Dramatic changes, or even a gradual alteration in circumstances, can render your child custody order or visitation schedule obsolete. When this occurs, do not simply assume you have no choice but to work around the old court order. While courts are reluctant to change custody or visitation if it is working and circumstances are similar to when the agreement was created, many life changes justify a post-divorce modification of child custody and visitation rights.
When Courts Modify Child Custody
As when initially creating a child custody order, the court will look to a child's best interest for a modification. However, a court will not modify the agreement just because it is in the best interest of one or both of the parents. The new agreement must improve the child's welfare. Circumstances that can result in a modification of child custody or visitation include:
- The parent with physical custody wishes to move far enough away that it would affect joint custody or visitation rights, and the move would be in the best interest of the child
- The child wants to live with the other parent and it is also in the best interest of the child to do so
- A parent abused, neglected or otherwise harmed the child
- A parent has become mentally or physically ill and can no longer care for the child
The mere existence of any of these circumstances does not necessarily mean that the court will change the custody order. A judge can base a decision on a wide range of factors that contribute to the best interests of the child.
Take Action
In difficult economic times, often a custodial parent may wish to move to another city to find better employment or to move in with the child's grandparents. Perhaps the noncustodial parent has had improvements in his or her life that makes joint custody or increased visitation appropriate.
No matter the reason, if a change in custody or visitation rights will improve your child's life circumstances, you should attempt to do so. If you believe your child custody agreement is no longer appropriate for you or your child, contact a family law attorney to discuss a potential modification.
