Child custody disputes can quickly become contentious, with each parent thinking that they know what’s best for their kid. But when all is said and done and a child custody order is issued, you might breathe a sigh of relief that the battle is over. While that might be true to a certain extent, circumstances can quickly change, rendering the existing custody order no longer viable or in your child’s best interests.
That said, the law requires that there be a substantial change in circumstances before a modification will be granted. So, you can’t rely on any little issue you want to and hope to successfully secure a custody modification. Instead, you’ll need compelling evidence that something significant has changed, and therefore a modification of the existing custody order is in your child’s best interests. But what sort of circumstances justify such a request?
There are several issues that can justify a child custody modification request. This includes each of the following:
- Changes in the other parent’s stability: The other parent needs to have the health and financial resources needed to care for your child. If they’ve recently lost a job and are no longer able to meet your child’s basic needs, or if they’ve been diagnosed with a medical condition that renders them unable to care for your child, then a modification request may be in order.
- Substance use issues: Drug and alcohol abuse can pose a significant threat to your child’s physical, emotional and psychological well-being. If your child’s other parent is struggling with addiction, then you’ll have a strong basis to request modification in a way that restricts their access to the child. Just keep in mind that you’ll need to show how that substance use poses a risk to your child, which shouldn’t be all that hard to do.
- Untreated mental health conditions: An untreated mental health condition can also put your child in danger. The other parent’s erratic behavior can pose a threat to your child’s overall well-being, as it can threaten their stability and even their physical safety in some instances.
- Parental relocation: When the custodial parent seeks to relocate, the court may need to weigh in to determine whether the child’s moving is in their best interests. Here, the court will analyze the new opportunities available to the child and the parent upon relocation, as well as how the move will impact the child’s existing relationships with other family members and friends. If it’s determined that the relocation is not in the child’s best interests, then a modification may be needed.
- Parental alienation: If you can gather evidence showing that the other parent has engaged in parental alienation to negatively impact your relationship with your kid, then you’ll be in a strong position to request a custody modification. Just make sure you have an expert lined up to educate the court on parental alienation, and ensure that you can clearly present the evidence needed to demonstrate that alienation has occurred.
Are you ready to seek a child custody modification?
If so, then now is the time to figure out your strongest legal arguments so that you can start gathering the evidence needed to present a compelling case to the court. You’ll want to be as thorough and as aggressive as possible here so that you maximize your changes of convincing the judge that a modification is necessary to protect your child’s best interests.