February 18, 2021
Reasons For Child Custody Modification
Child custody modification is an option when a change of circumstances has occurred. Most states require proof of the change in circumstances of the child or the residential parent or some other triggering event to allow for the modification to occur. Some of the reasons for child custody modification are:
– Parental Relocation: with jobs becoming more flexible and mobile, it is likely that one or both parents may need to relocate at some point in their lives. When this occurs, it can create issues with any current child custody plan, including visitation schedules which may need to be revised through modification.
– Parental Refusal to Follow Custody Terms: this often happens when one or both parents refuse to follow or respect visitation rights in the terms agreed upon. Often this appears in a parent deliberately scheduling activities or appointments that interfere with the scheduled visitation as well a parent bringing back a child or children later than they were supposed to on a regular basis.
– The Child’s Needs Have Changed: child custody arrangements may not work at every stage in a child’s life as they grow. There may be different needs for a child to thrive, making one parental home more fitting than another.
– A Parent’s Situation Has Changed: when a parent’s situation or circumstances have changed over time, a child custody modification may be granted through the courts. For this to occur, you’ll need to be able to prove that the change is substantial enough and will affect the child’s well-being and life in some way and typically this must be a change of the residential or custodial parent.
– Child Endangerment: If a child is endangered emotionally or physically, it is in their best interest to pursue a child custody modification as soon as possible. The child’s best interest is always the most important consideration to the courts, and child endangerment could lead to the court modifying the child custody order to limit the parent’s rights to physical custody, or depending on the severity of endangerment, remove them altogether.
– Physical and Mental Health of Parents: a parent’s physical or mental health is always a factor when determining child custody. In some cases, when a parent suffers from severe physical or mental illness that could negatively impact the level of care a child receives, child custody modification may be necessary to benefit the child.
The attorneys and consultants at Juris have years of experience in family law, and excel at representing the rights and desires of our clients. We have a unique set of skills to assist you in reaching your legal goals. We have attorneys with decades of family law experience and an education consultant and mental health consultant on staff to assist our attorneys in handling your case, and your family, in the best way possible. If you feel a child custody modification is necessary for your family, please contact our office to schedule a consultation, or call at (913) 764-8844 to discuss your case.