Parents who share custody may struggle to do so effectively and peacefully. Perhaps one parent constantly undermines the other or never shows up for their parenting time. Maybe they make unsafe and irresponsible choices when they have their children.
When the current custody order imposes an allocation of parenting time or decision-making authority that causes conflict, fails to account for family circumstances or endangers the children, adjusting the custody order with a formal modification maybe the best solution available. In cases where parents cannot work cooperatively with one another, litigation is likely necessary when it comes to modifying a custody order.
What must parents prove during litigation?
A contested modification proposed without the support of the other parent must meet certain standards enshrined in state law. Generally speaking, the parent petitioning the courts must have documentation showing that there has been a significant change in family circumstances.
New relationships, new schedules and changing family dynamics can all potentially justify modification requests. Plans to move can also warrant a custody modification. The parent proposing the modification generally also needs to advise the courts of the terms they want and must be able to show that those changes are in the best interest of the children.
Judges hearing modification requests must assess family circumstances and the current custody order to decide what is truly in the best interest of the children. They have the right to change the division of parenting time, reallocate authority and even impose restrictions in cases where parents have made unsafe choices previously.
Reviewing the shortcomings of a current custody order can help parents determine if civil litigation to modify the order is necessary. An attorney can help people manage the legal process required to pursue a litigated custody modification.