An initial child custody determination is only final up until the point that it’s modified. And modification may become necessary in your situation if you feel like a substantial change in circumstances has occurred that jeopardizes your child’s well-being. But that can be a nebulous standard to try to get your hands around. So, what specific circumstances could warrant a child custody modification?
Issues that could warrant seeking a child custody modification
There are several issues that may justify a custody modification. These include:
- Exposure to parental substance abuse
- Exposure to domestic violence
- A parent’s untreated mental health condition that negatively impacts their ability to care for your child
- Changed financial circumstances that render it challenging for the other parent to meet your child’s needs
- Parental relocation
- Abuse or neglect
- The other parent’s interference with your parenting time or your ability to develop and maintain a relationship with your child
- The other parent’s arrest
- Your child is old enough to voice their wishes and they’ve changed how they want to spend their time with their parents
Just keep in mind that when you file your motion to modify, you’ll need to demonstrate why the proposed modification is in your child’s best interests. Therefore, you’ll want to gather sufficient evidence to support your position.
Be aggressive when it comes to protecting your child
Modifying an existing custody order is ultimately about protecting your child’s best interests. With so much at stake, you can’t afford to improvise your arguments or build half-hearted legal strategies. Instead, devote the time and attention necessary to build the aggressive arguments that seek to truly protect your child’s best interests.