For the most part, parents have an obligation to uphold court-approved custody orders. Parents should generally work with one another to follow the rules for sharing parenting time included in a custody order. However, sometimes, parents recognize that their existing custody order isn’t effective and that they must modify or change that order.
What are some of the scenarios in which a custody modification is potentially appropriate?
1. Consistent non-compliance
One of the most common reasons for families to go back to court in pursuit of a custody modification is one parent’s inability or unwillingness to uphold the order as written. Maybe they don’t show up for their parenting time, or perhaps they refuse to grant the other the time they should have with the children. Such scenarios interfere with parent-child bonds and can affect what courts view as in the best interests of the child.
2. Changes in schedules
Maybe one parent finds a first-shift job after years of working second shift. Maybe teenagers have started sports or part-time jobs. When there are significant changes in the schedules of family members, a judge may agree to change the division of parenting time to better reflect current family circumstances.
3. A proposed relocation
As life moves on after a divorce or break-up, parents may want to move to a new home. A move that might alter the custody schedule due to increased travel times may require court approval or at least an adjustment of the custody exchange schedule.
Working with an attorney can help parents recognize when custody modifications are potentially necessary. Life evolves over time, and sometimes custody orders need to evolve as a result.