Nothing is ever the same after a divorce — not for the former couple and especially not for the children. That is why custody orders are created, so both parents can maintain a healthy relationship with the child or children. Sometimes, though, changes that jeopardize an existing court order may take place. In these instances, parents may file for a modification to it.
Reasons to file custody order modification
There is no denying that as life goes on, family circumstances may change and affect the well-being of children. To protect the child’s best interests, it may be necessary to alter or modify the current custody order. Here are some valid reasons to do so:
- Parent relocation: If one parent needs to move from Arizona to another state—whether for a new job, military service or to be closer to extended family—previous custody or visitation schedules will now be impossible to follow. The courts will step in to make sure the updated terms will still prioritize the child’s welfare.
- Stability changes: If a parent loses their job or home, the new order will need to reflect the new circumstances. The child does not have to live with neglect or homelessness for the sake of following a court order.
- Safety concerns: The court can promptly modify custody if there is evidence of abuse and neglect or if one parent is demonstrating signs of instability due to substance abuse, alcohol or other risky behavior.
- Changing needs of the child: An order that worked on a three-year-old child will not work on teenagers. In this case, the courts may update the conditions to better match what the child needs to grow and develop.
- Repeated order violations: If one parent keeps failing to follow the details of the court order, the other parent may file a modification to prioritize the child’s needs.
The good thing is you do not have to have these difficult discussions with your former partner. The courts can help you modify and implement actions that will benefit your child.
Ensure stability
Courts understand that family and parenting dynamics evolve after a divorce, which is why they do not modify custody orders lightly. But if the child’s welfare requires a change in the order, or if practicality hinders one parent (or both) from complying with the arrangement, a modification is still the best step forward.
There are plenty of family law attorneys who can help you navigate the process with ease. Remember, at the end of the day, you are the first person who should protect your child’s well-being.