A Client Focused Approach

3 reasons a judge will make custody modifications

Even when a custody plan has worked for years, shifts in circumstances may cause a parent to request a modification. Judges can change a child custody order if they deem it necessary.

Here are some common reasons they would do so.

1. A parent is relocating

Noncustodial parents can ask the court for a modification if the other parent moves. However, that does not guarantee a change. Generally. the court will not consider this a significant factor. It only becomes one if the move puts an extreme burden on a visiting parent or negatively impacts the child’s life.

2. One parent disobeys the custody order

At the time of the divorce, the parents receive a custody agreement. Both must follow this order. However, one of the parents might not stick to it, leading a judge to approve modifications.

3. The child’s needs evolve

Babies, toddlers and teenagers all have different needs. That can make other homes or environments suitable for them at each stage in their life. Demonstrating that a child’s life stage and needs changed might convince a judge to grant custody modifications. For example, showing that one parent is more suited to handle a specific physical, emotional or mental disorder would justify a new custody order. The parent desiring the change will need to file for a modification, and a judge will review the request.

Parents must provide for the best interests of their children after divorce. That is why judges will consider modifying custody plans. When a parent can demonstrate that the change will best serve the children, the court is much more likely to approve the modification.