When you go through a divorce and share children with your ex, you’ll eventually have a child custody order in place that governs what happens with the children. This is set based on the circumstances that are present at the time of the split.
As time progresses, it might become necessary to modify the order. Here’s what you should know about custody modifications.
Why would a modification of custody be necessary?
Modifications are used when the situation changes and the old custody and parenting plan no longer meets the child’s best interests. These situations can lead to a modification petition:
- One parent moves out of the area: A modification can address the visitation changes that are necessary due to the move.
- The parenting plan isn’t followed: A modification can set a new schedule for the child so they are able to see both parents.
- The child is in danger: The modification can ensure the child isn’t placed in a dangerous situation, even if that means ordering supervised visits.
It’s also possible that a modification may become necessary if one parent passes away. This could ensure that the deceased parent’s family members still get to spend time with the child.
What should you do when you need a child custody modification?
You should ensure that you understand your options when dealing with this situation. An attorney who’s familiar with modifications can work with you to ensure that you handle the matter appropriately. In some cases, working with your ex to come up with new terms for the custody agreement might be the best option. The other option is heading to court to ask the judge to make a determination about what’s necessary to protect your child’s interests.