When Can a Custody or Visitation order Be Changed?
No judge or attorney can foresee all circumstances that may arise down the road, when child custody arrangements are initially determined. The reality of most child custody arrangements is that they only work under the situations in place at the time they are put into effect. People move, they remarry, and job situations change. Sometimes, the behavior of a parent requires modification of a child custody arrangement. Typically, amendments to custody or visitation orders will be made to ensure that the bests interests of the children are preserved. If you are seeking a modification of a child custody or visitation order or agreement, working with a knowledgeable and experienced attorney can make the process far more manageable.
What is the Legal Basis for Modification of an Existing Child Custody Order?
In order to modify an existing custody or visitation order, the court must find that there has been a “change in circumstances” since the date of entry of the last order. The change must be material to the current order or agreement, not just a trivial issue. If one party has become unfit to have the same level of contact with the child that they have currently, the court may find this is a material change. Similarly, if one party has obstructed contact with the other parent, has alienated the child from the other parent or has acted irresponsibly such as to endanger the child, the court may also be compelled to act. Finally, the court may also find there has been a material change where one party has moved, creating a distance between the parties that makes the current arrangement unworkable. Once a change in circumstances is proven, the court then determines whether a child custody or visitation modification is necessary.