A variety of personal challenges could affect an allocation of parental rights and responsibilities. When parents separate, they may agree to an imbalanced arrangement. One parent may acknowledge that their current challenges prevent them from fully sharing parental rights and responsibilities.
Other times, a family law judge reaches that conclusion after evaluating family circumstances. Substance abuse, unstable living arrangements, a lack of income, health challenges and even pending criminal charges could potentially influence custody orders. If one parent’s situation prevents them from meeting the children’s needs consistently, the courts may grant the vast majority of parenting time and legal authority to the other adult in the family. In such cases, the parents with limited access may work assertively to improve their circumstances. Once they have addressed the issues affecting their ability to parent, they may hope to alter a custody order.
Is it possible to change custody arrangements when one parent verifiably improves their circumstances?
The courts can modify a custody order
A formal change to an existing custody order requires court approval. In some cases, both parents recognize that one has worked hard to improve their circumstances. It may be possible for the parents to work together to negotiate a new arrangement for the division of parental rights and responsibilities.
Unfortunately, if personal challenges affected the custody proceedings initially, the parent with more time and authority may be reticent to recognize the other’s improved circumstances. They may insist that maintaining the status quo is in the best interests of the children.
In such cases, requesting a contested modification hearing might be necessary. A family law judge can review the current custody order and evidence of one parent improving their circumstances. They can then adjust the custody order based on what might now be in the best interests of the children.
Frequently, judges want to allow both parents ample time with the children. If granting an increase in parenting time seems to be in the best interests of the children, a judge might modify a custody order that was previously imbalanced in favor of one parent.
Preparing for a contested custody modification hearing requires documentation and an understanding of the family law system. Parents hoping for more time with their children can ask the courts to help support their connection with their kids.
