When experience matters, don’t leave your future to chance.


When experience matters, don’t leave your future to chance.

Is it possible to modify a custody order? 

On Behalf of | Jan 16, 2023 | Family Law |

Numerous important aspects are settled during the divorce process, with child custody being at the top of the list. Ideally, you and your co-parent will have been able to come up with a suitable arrangement together, which the court then only needed to sign off on. Otherwise, the court will have taken control and come up with a ruling based on the best interests of the child. 

In any case, the custody order resulting from these proceedings is legally binding. But, is it set in stone? 

Have the terms been broken? 

As mentioned, child custody orders must be followed. Of course, there are occasions when life throws up unexpected events, and appointments may be missed as a result. Nonetheless, there is a big difference between this and purposely disregarding the custody arrangement. If one parent simply cannot stick to the agreement, then the court may eventually step in and make a modification. 

Does one partner want to move? 

Geographical location plays an important role in child custody too. The family court may prefer it if both parents are close to the child in terms of where they live, but this isn’t always feasible. The court may allow a modification based on one parent moving if it would ultimately be in the best interests of the child. For example, if an unemployed parent was offered a lucrative job in another state, the end product of this could be a better overall lifestyle for the child. 

These are just some reasons why the court may consider granting a custody modification. There are others, but they all center around the safety and best interests of the child. If you are looking into a modification, be sure to seek some legal guidance