Can You Modify a Child Custody Agreement?

Child custody arrangements aim to serve the child’s best interests. As parents and children change over time, custody agreements may need to be adjusted to continue to serve those interests.

Whether due to a parent’s relocation, changes in their mental health, or safety concerns, custody agreements can be modified to reflect new circumstances. Knowing when and how to get a modification can make a difference in your child’s life.

Courts generally require a substantial change in circumstances before they will make changes to a custody order. For legal advice about modifying your child custody agreement, talk to a child custody lawyer.

What Is a Child Custody Modification?

Either parent can petition for modification of the parenting plan. If both parents seek the modification, they can jointly petition the court. Otherwise, there is a contested court hearing before the family court judge.

“The court can listen to the modification petition and there may be a good reason to change,” says Suzanne Griffiths, a family law attorney in Lone Tree, Colorado. “Maybe there’s a one-day change or a two-day change. But the other parent can still attend a parent-teacher conference. They can still drop by the school and volunteer in the classroom. They can still attend the therapy sessions.”

When Is a Child Custody Modification Necessary?

Parents with an active custody order may find it no longer effective or practical. Family courts generally want to see a substantial change in circumstances that warrants reevaluating the existing custody order.

There are several common reasons for petitioning to modify a child custody order.

Addiction or Substance Abuse

If one of the parents struggles with addiction or substance abuse, it could endanger the child’s safety or emotional well-being.

Domestic Violence

One parent could be in a relationship that includes domestic violence. Any risk of child abuse or exposing children to violence can trigger a change in the custody plans.

Mental Health

A parent’s mental health deterioration may affect their ability to care for the child, leading to a custody review. Courts will assess the severity of the condition and whether the parent is seeking professional help.

Parent Relocation

One parent could move a long distance away, making the logistics of fulfilling visitation more difficult. Moving out of state or out of the country can significantly change the custody and visitation plan. The court will evaluate whether the relocation disrupts the child’s routine or access to the other parent.

Major Financial Change

A parent could experience a major change in their financial situation that impacts their ability to provide for the child. If one parent becomes unable to meet the child’s physical, emotional, or financial needs, courts may reconsider custody.

Parent Is Incarcerated

If a parent is in prison, the other parent may seek full custody of the child. The court will determine whether the incarcerated parent will be able to maintain a relationship or provide care upon release.

Health Condition

A parent’s physical or health condition may impair their ability to provide adequate care for the child. This can include chronic illnesses or disabilities.

Parental Neglect

Neglect, lack of contact, or refusal to participate in important decisions could lead the other parent to seek a modification. Courts consider whether the parent has taken steps to try to reestablish their relationship with the child.

The Legal Process for Modification of Custody

When a parent decides to pursue a modification case, they must follow the required legal steps to present their case in family court. The process may vary slightly by state, but the following general steps outline what parents can expect.

Determine if There’s Been a Substantial Change in Circumstances

Before initiating the modification process, the parent must determine if there has been a substantial change in circumstances since the original custody order. If the change is significant enough, the parent can proceed to request a modification.

Filing a Motion for Custody Modification

The parent seeking a change files a Motion for Custody Modification in the family court that issued the original custody order. This motion outlines a substantial change in circumstances and asks the court to modify the existing orders. The motion should include supporting evidence, such as documentation of the change in circumstances.

Once filed, the parent filing the motion must serve the other parent. This allows the other parent to respond to the request, either agreeing to the modification or opposing it.

Pretrial Conferences or Mediation

In some states, courts may require a pretrial conference or mediation before a judge hears the case. Mediation can help both parents reach an agreement about custody modifications without going to court. If successful, mediation can save time and resources.

If mediation does not result in an agreement, the custody case will proceed to a formal hearing. Griffiths explains the importance of parents being willing to negotiate and compromise. Otherwise, both parents place the decision-making responsibility in the hands of a judge who must follow the law. The outcome may not be what either parent wants.

“They go to mediation, and one parent concedes a bit, and the other parent wins a little, and they go away in compromise. Reasonable people say this will work. But if they can’t agree, we may go to court. Generally, nobody’s happy then.”

Formal Hearing

Both parents will present their evidence and arguments to the judge at the hearing. The judge will hear from both sides and may ask questions to clarify points before making a decision.

Getting the Court-Ordered Modification

After reviewing the evidence and hearing from both parents, the judge will issue a ruling. The court will modify the custody agreement if the judge determines the modification is in the best interests of the child.

The original custody order will remain in effect if the court finds insufficient evidence or deems the modification not to be in the child’s best interests. If the judge grants the modification, they will issue a new custody order. Any custody modifications are legally binding on the parents.

Practical Tips for Modifying a Child Custody Arrangement

Keep a detailed log of any changes in circumstances that may impact the child’s well-being. This could include incidents of substance abuse, domestic violence, health issues, or changes in living arrangements. Collect witness testimony, police reports, medical records, school reports, or any other evidence of the changes.

Keep a record of any communication with the other parent, particularly if it concerns the child’s well-being or safety. If issues such as missed visitations or conflicts impact the child’s safety, these records can support the need for making changes.

Potential Challenges and Resolutions

When seeking to modify a child custody agreement, parents may face several challenges, including objections from the other parent and disputes over visitation. Understanding how to address these challenges can improve the chances of a successful outcome.

The other parent may oppose the modification of the original order. A parent may claim there is no material change in circumstances or that the modification is not in the child’s best interests. With evidence, you can prove the modification meets the legal standard of a substantial change in circumstances.

There are several resolution options available for parents that allow them to avoid pursuing a new court order. Non-custodial parents should be open to co-parenting and demonstrate their willingness to work collaboratively. If proposing a change in custody, non-custodial parents should consider offering practical solutions that outline how both parents will manage the child’s needs moving forward.

Another option is to attend mediation or professional support. Parents can use these services for child custody modification, child support order changes, or a new visitation schedule.

Find Legal Help

Attorneys can help you understand your legal options to address child custody issues. A family lawyer can help with things like non-compliance or when the other parent is not acting in the child’s best interests. If the other parent is likely to oppose the modification, using a family law attorney ensures you have a strategy for presenting your case in court.

Visit the Super Lawyers directory to begin your search for an experienced family law attorney.