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Can a child custody order be modified?

On Behalf of | Apr 20, 2023 | Child Custody |

The relationship between you and your spouse just wasn’t working out. The only feasible option left on the table was divorce. Divorce proceedings resulted in numerous challenges, most notably concerning child custody. Thankfully, a custody order has been signed off by the courts and is now legally enforceable.

However, children develop quickly and this means that their needs change as time goes on. What if your current custody order isn’t suitable in a year’s time? Can a child custody order be modified?

The best interests of the children

When setting your original custody order, the priority of your negotiations process or the court would have been the best interests of the child. A modification might be possible, but the best interests of the child standard will still be the deciding factor for the court if you and your child’s other parent do not mutually agree on the need for a modification.

Have your child’s needs changed?

When your child was younger, they may have needed a more hands-on approach from both parents. Now, they are starting to spread their wings and gain their independence. They need a custody order that allows both parents to be active in their life, but that is not overbearing. As the child gets older, this is certainly something that the family court will consider if asked.

Has a parent been granted a meaningful opportunity?

The reality is that a large part of providing for children involves money. One parent has been given an employment opportunity that would double their current salary. This also means that they could guarantee that their child has access to a college education if they want it. The problem is that the new job is out of state, which makes parenting time for the other parent a little tricky. In such a scenario, either you and your child’s other parent or the family court will assess the situation and decide if the move would be in the child’s best interests.

As a parent, your priority is ensuring that your child has everything they need. As you navigate custody proceedings, be sure to seek legal guidance whenever necessary to foster this goal.