The terms of a custody order clarify the rights and responsibilities of adults who co-parent. The order outlines the breakdown of parenting time and also explains how parents may need to share legal decision-making authority.
Small issues may arise from time to time that force co-parents to make adjustments to their parenting schedule. Making minor, informal adjustments on a case-by-case basis is a reasonable choice for co-parents. However, it may sometimes be necessary to go back to court to request a custody modification.
When is a formal modification potentially necessary, even if a child’s other parent objects to a change?
When circumstances change significantly
Parents can potentially request uncontested modifications whenever they agree that changes to the current order are necessary. Frequently, parents may not see eye-to-eye about the need for custody modifications or the specific changes the family requires.
One parent consistently failing to show up for their parenting time can be grounds for a modification. Their cancellations and late arrivals can destabilize the life of the other parent and create a sense of rejection in the children. One parent refusing to let the other have time with the children could also be a serious issue that warrants a custody modification.
Litigated or contested custody modifications require evidence of a significant change in circumstances. Relocation, remarriage and even credible allegations of neglect that harmed the children could convince a judge that circumstances have changed. The judge then reviews the situation to determine what is in the children’s best interests and adjusts the custody order accordingly.
Officially adjusting custody arrangements can limit conflict between parents and help ensure that the custody order prioritizes the best interests of the children. Reviewing how family circumstances have changed with a skilled legal team can help parents determine if they may have sufficient reason to pursue a contested custody modification.