When deciding child custody, courts focus on the child’s best interests. Custody arrangements are designed to provide stability for children and outline expectations for parents.
However, life is always in a state of change, such as if a parent needs to relocate, receives a new job opportunity or experiences health issues. If something happens in your life that affects your ability to care for a child, can you change the custody arrangements?
What qualifies as a significant change?
Stability is essential to a child’s well-being, so courts generally don’t modify custody orders simply because a parent isn’t happy with the current arrangement. The parent requesting the change must demonstrate that there has been a substantial change in circumstances since the original order was issued.
There is no single event that automatically justifies a custody modification. Instead, courts evaluate each case.
Reasons that may warrant a review of the current custody order include:
- A parent relocating a significant distance away
- A parent has left the military and is now working a civilian job
- Concerns about a child’s physical or emotional well-being
- Evidence of substance abuse or domestic violence
- Significant changes in a child’s medical, developmental or educational needs
- A parent’s serious illness
If the court finds that a significant change has occurred, it will then determine whether modifying the custody arrangement would better serve the child’s best interests.
A parent seeking a custody modification must submit a formal request to the court, along with evidence that demonstrates:
- A substantial change in circumstances has occurred
- A modification is in the child’s best interests
Documentation can help strengthen your case and may include:
- School and medical records
- Communication records between parents
- Police reports or court records
- Parenting time logs
Depending on the circumstances, the court may order mediation, request a custody evaluation or hold a hearing.
Child custody modification cases can be emotionally challenging and legally complex. Your best chance for a positive outcome requires the help of someone who can evaluate your situation, explain your options and help you present evidence that supports your request and your child’s best interests.