Your child’s and your lives will go through many changes. Your child will grow, work schedules can change or a serious concern may arise.
The custody order that was in the child’s best interests no longer serves that purpose, and you may be wondering whether you can change it. It may be possible for a modification, but only under specific legal standards.
Courts prioritize a child’s stability
The courts set a high legal bar for modifying child custody orders.
The parent seeking to modify custody must show:
- There has been a significant change since the last custody order, and
- Modifying custody is in the child’s best interests
Typical co-parenting conflicts, minor inconveniences or dissatisfaction with the current arrangement aren’t grounds to modify custody orders. The change has to be meaningful and substantial, such as:
- A parent relocating for a job
- Evidence of abuse, neglect or domestic violence
- Major changes in the child’s medical, educational or emotional needs
- Ongoing substance use disorder issues
If the request involves a change to physical custody, the child’s present environment must pose a danger to their physical or emotional health, and the benefits of changing custody outweigh the harm that the change could cause. Endangerment can include:
- Unsafe living conditions
- Emotional harm due to ongoing conflict or manipulations
- Mental health concerns that are affecting parenting ability
A judge may be more willing to make changes to parenting time (if they serve the child’s best interests) than agree to a full custody modification, especially if it changes the child’s primary residence.
If the child is older and more mature, the judge may also consider their preference as to where they live.
If your circumstances have significantly changed or you believe your child’s safety or well-being is at risk, your first step should be to speak with a legal professional. They can review the circumstances and determine if they meet the legal standards for custody modification. Their early guidance can make a difference in how your case is presented and evaluated.
