Custody orders outline how much time each parent has with the children and other critical parental responsibilities. Parents typically have to comply with the terms set in a custody order, although they can make necessary adjustments on a case-by-case basis in special circumstances.
Occasionally, parents may find that significant changes to their circumstances might make a permanent adjustment of custody arrangements beneficial. The current order may no longer adequately address the family’s needs.
When can parents who share custody ask the courts for a modification?
When two years have passed
Most of the time, contested custody modifications are only an option two years or longer after the courts approved the most recent custody order. Requiring a waiting period prevents frivolous litigation and pressure on the courts.
When parents agree on terms
Theoretically, parents can reach agreements about how to change custody at any point. They can submit a request for an uncontested modification to the courts if they both agree on specific custody changes.
When the children are at risk
In cases where the parents do not agree on a modification issue and less than two years have passed since the implementation of the current order, adjustments are still possible. If a parent has evidence of neglect or abuse that they believe may endanger their children, they can ask for a modification even though less than two years have passed since the courts approved the current order.
Reviewing the change in family circumstances can help people determine whether they might be eligible for a custody modification. Parents who take prompt action to adjust custody when circumstances change can reduce family conflict and ensure that custody arrangements work in the best interests of their children.
