When beginning the process of modifying a child custody order, you will need to gather evidence of your material change in circumstance leading to your request. You will also need to demonstrate that the difference has had a significant effect on your child’s best interests. Typically, acceptable reasons for a modification of previously ordered custody arrangements include:

You have or will relocate

If your job requires you to move, or you need to relocate to be closer to a relative needing your care, the court may consider granting your modification request.

Your work schedule has changed and impacts your visitation or custody rights

Times change, as does the economy, which could mean you have to change jobs or work more hours. Work schedule changes are difficult to navigate because our employers may not be able to assign someone else to the new schedule. When this happens, our family lives get disrupted and may require a modification to visitation and/or custody.

You or your ex-spouse remarries

This is a problematic reason for a change of circumstances. A new spouse is not enough reason to demand a modification to custody. You will need to demonstrate why the new step-parent should be unable to care for your child properly and that a change would be in their best interests.

Major health issues

Suppose your child was to develop a health issue that affects their ability to attend a school or require regular medical care. In that case, you might need to adjust custody arrangements to ensure you or the other parent are available to meet these new demands. In some cases, it could be one of the parents who become seriously ill and cannot appropriately care for their child like usual.

Some other reasons to modify a custody or visitation order could be if one parent were incarcerated, becomes abusive toward the child, or develops a drug addiction. This could also be a change in circumstances where your ex-spouse has completed drug treatment or is now out of jail and wants to increase their ability to participate in their child’s life. No matter your situation, speak with The Law Offices of Thomas Stahl before filing for a modification to your current child custody or visitation order.