If your children are the most important thing to you, then you’re probably worried about how your divorce is going to impact your relationship and time spent with your kids. But even after your initial child custody dispute is resolved, issues can still arise, causing you to consider whether a custody or parenting time modification is warranted.
When can you seek a modification of custody?
Generally speaking, any modification request that is made will only be granted by the court if there has been a significant change of circumstances or some event which warrants a review of custody. Even then, the court will only modify custody if it is found to be in the child’s best interests. Therefore, you may be successful in seeking a modification if you can show, for example, any of the following:
- The child’s exposure to parental substance abuse
- The existence of domestic violence in the child’s home
- The child has been abused or neglected by the other parent
- The other parent becomes unable to meet the child’s needs
The above examples are just a few general areas where a review of custody may be warranted and each situation is unique. There are a lot of factors that go into a best interests determination, so it is important to speak with an attorney if you believe such your custody or parenting time arrangement should be reviewed.
When can’t you seek modification?
There are also situations that may feel like they warrant a modification of custody, but they actually don’t. This includes:
- The child’s wishes without compelling justification
- Situations where financial concerns could be addressed through a modification of child support
- The arguments supporting the request for modification aren’t supported by evidence
So, as you analyze your request for modification, carefully think through how you can ensure that your request is justified and supported by persuasive evidence.
Are you ready to talk about a custody or parenting time review?
There’s a lot on the line when your children’s health, safety and well-being are at the heart of your case. That’s why if you’re considering seeking modification, then you need to be prepared to present the best child custody modification arguments possible. Fortunately, our firm is here to answer your questions, talk through your situation with you and assist you with your custody needs.