Family courts believe in stability and consistency when it comes to child-related legal matters. Therefore, if you wish to modify your current child custody and visitation order, you must prove that the modification serves the best interests of your children. Moreover, there must also be a substantial change in circumstances to warrant the change in custody. Otherwise, it is unlikely a judge will grant this request.
Modifying the Child Custody Agreement
There are several circumstances in which a judge may consider modifying a child custody order. If the custodial parent’s life is chaotic and no longer stable and safe for the children, a modification might be deemed more suitable for the children’s wellbeing. If your co-parent regularly fails to make the children available for visitation, alienates the children from you, or otherwise interferes in your relationship with them, this will also likely result in a successful modification of the custody order.
Other reasons why a judge might modify child custody include:
- The children’s physical, emotional, or academic needs substantially changed: For example, if the children’s grades are slipping or they are frequently hospitalized for untreated illnesses, it may be enough to award the noncustodial parent sole physical custody. That said, a poor grade here and there is not enough to justify a modification of custody. A judge will focus on the bigger picture to determine if a change in custody will improve the overall wellbeing of the children.
- The custodial parent wishes to relocate: Family courts typically do not modify custody simply because of a relocation. However, if a judge believes a move will greatly impact the wellbeing of the children and substantially reduce the noncustodial parent’s time with the children or extended family members, it may warrant a change in custody.
- The custodial parent has a substance abuse problem: If the custodial parent’s living arrangements are no longer safe due to a drug or alcohol problem, it will likely result in a modification of custody.
If you believe your co-parent is abusing the children or another member of the household is abusive, you must act quickly to remove the children from this dangerous situation. A judge might also consider the wishes of your children if they are old enough and mature enough. However, their best interests will ultimately be the driving force behind the judge’s decision.
Discuss Your Case with a Child Custody Attorney Today!
If you believe your child custody order should be modified to better serve the best interests of your children, contact the family law team at Kay Polk, Attorney at Law to help you obtain the results your family needs. Our knowledgeable and compassionate attorney has been assisting families since 2000 and will work diligently on your behalf to ensure your children continue to grow and thrive in the aftermath of your divorce.
Get started on your post-divorce modification case today and reach out to our law office at (713) 234-6260 to request a confidential consultation with our experienced attorney.
Family courts believe in stability and consistency when it comes to child-related legal matters. Therefore, if you wish to modify your current child custody and visitation order, you must prove that the modification serves the best interests of your children. Moreover, there must also be a substantial change in circumstances to warrant the change in custody. Otherwise, it is unlikely a judge will grant this request.
Modifying the Child Custody Agreement
There are several circumstances in which a judge may consider modifying a child custody order. If the custodial parent’s life is chaotic and no longer stable and safe for the children, a modification might be deemed more suitable for the children’s wellbeing. If your co-parent regularly fails to make the children available for visitation, alienates the children from you, or otherwise interferes in your relationship with them, this will also likely result in a successful modification of the custody order.
Other reasons why a judge might modify child custody include:
- The children’s physical, emotional, or academic needs substantially changed: For example, if the children’s grades are slipping or they are frequently hospitalized for untreated illnesses, it may be enough to award the noncustodial parent sole physical custody. That said, a poor grade here and there is not enough to justify a modification of custody. A judge will focus on the bigger picture to determine if a change in custody will improve the overall wellbeing of the children.
- The custodial parent wishes to relocate: Family courts typically do not modify custody simply because of a relocation. However, if a judge believes a move will greatly impact the wellbeing of the children and substantially reduce the noncustodial parent’s time with the children or extended family members, it may warrant a change in custody.
- The custodial parent has a substance abuse problem: If the custodial parent’s living arrangements are no longer safe due to a drug or alcohol problem, it will likely result in a modification of custody.
If you believe your co-parent is abusing the children or another member of the household is abusive, you must act quickly to remove the children from this dangerous situation. A judge might also consider the wishes of your children if they are old enough and mature enough. However, their best interests will ultimately be the driving force behind the judge’s decision.
Discuss Your Case with a Child Custody Attorney Today!
If you believe your child custody order should be modified to better serve the best interests of your children, contact the family law team at Kay Polk, Attorney at Law to help you obtain the results your family needs. Our knowledgeable and compassionate attorney has been assisting families since 2000 and will work diligently on your behalf to ensure your children continue to grow and thrive in the aftermath of your divorce.
Get started on your post-divorce modification case today and reach out to our law office at (713) 234-6260 to request a confidential consultation with our experienced attorney.
