When can you seek a child custody modification?

On Behalf of | Jun 27, 2023 | Child Custody |

Are you worried that your child’s best interests aren’t protected by your existing custody order? If so, then you might need to consider filing a motion for modification to restrict or perhaps even eliminate the other parent’s time with your child.

Circumstances that may warrant a custody modification

To succeed on a motion to modify custody, you’ll have to convince a court that there’s been a substantial change in circumstances and that the proposed modification is in your child’s best interests. Here are some common situations that might justify your request:

  • Exposure to parental substance abuse: This can put your child at an increased risk of abuse or neglect, and it can cause behavioral problems, poor school performance, and anxiety.
  • Exposure to domestic violence: This can put your child in harm’s way, especially if they try to intervene in a domestic dispute. It can also cause significant emotional and psychological harm to your child.
  • Financial changes: If the other parent is currently your child’s custodial parent but is no longer able to meet their needs due to a change in financial standing, then you can seek a modification.
  • Medical issues: If the other parent suffers from the onset of a medical condition that affects their parenting abilities, then a modification may be necessary to ensure that your child is properly cared for.
  • Untreated mental health: A parent’s untreated mental health condition can be dangerous for your child depending on type and severity. If the other parent is unwilling to seek out the treatment that they need, then you may need to modify custody to ensure that your child is adequately protected.

Are you ready to build your modification arguments?

There may be other circumstances in your case that warrant a modification. You just need to analyze the facts at hand and determine the best way to argue that there’s been a substantial change in circumstances. As you do so, be sure to gather as much evidence as you can so that you’re ready to present the strongest arguments possible to protect your child’s best interests.


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