After the court initially sets the custody and parenting time schedule, parents can agree to modify the terms of the custody or parenting time agreement at a later date. A stipulated modification can be made without the express approval of the court. However, these changes should be put into a Consent Order signed by all parties and submitted to the Court for signature. This will make the Order and modified terms more legal. 

If and when you obtain the court's approval to the stipulated modifications and your former spouse tries to violate the terms of the agreement/Order, you have legal options available to you to seek compliance.

If parents have not agreed on a stipulated modification to the child custody agreement, making changes later on can become a more involved process. If one parent wants to change the agreement while the other does not, you and your divorce attorney have to file a Motion with the Court seeking the relief you want. 

Prior to filing the Motion, you should provide the necessary proof that a "substantial change in circumstances" occurred to warrant a change in the schedule. Requiring this burden of proof helps encourage fair and stable custody agreements without the courts becoming overburdened with repetitive modification requests from a jilted former partner.

The party that wants to change the child custody arrangement needs to prove that a substantial change in circumstances occurred falls upon them and their family law firm to prove. One of the most common substantial changes comes in the form of a long-distance geographic move. If the custodial parent moves far enough away from the non-custodial parent, it will hamper their ability to be an active presence in their child's life. 

How the courts decide to address this issue varies from court to court. Some judges will have the parents work out a parenting time schedule that allows the non-custodial parent to maintain their role in their child's life. Other courts may switch which parent has primary custody, while others may permit the move without an agreement unless it can be proven the move will have an adverse effect on the child in question. 

Sometimes, a child custody modification is less about a geographic move than an adverse lifestyle change. If changes in the custodial parent's lifestyle threaten or harm the child, then Motions or Orders to Show Cause may be filed. If, for example, the custodial parent begins working nights and leaves the child at home alone, the non-custodial parent may file for a change of custody or parenting time. In other circumstances, the custodial parent may file to reduce the parenting time they receive. 

First and foremost, when a family court judge hears a custody or parenting time modification case, their top priority remains the best interests of the child. Judges will consider the child's needs and safety, what kind of home environment will be established, how well the parents communicate, jobs and employment responsibilities, parental responsibilities, and more to determine whether a modification needs to take place. 

An experienced child custody lawyer and/or family lawyer will help prepare you for your upcoming case and ensure that you and your child's best interests are well represented. 

Berg & Pearson, P.C. has helped countless families make the necessary adjustments to their custody and parenting time agreements and help keep their client’s family situation within healthy parameters. Contact our team for your first FREE TELEPHONE/ZOOM consultation today!