When a parent seeks to change a child custody arrangement, the court does not make that decision lightly. A custody modification can affect where a child lives, how much time they spend with each parent and how decisions are made about their care. Because of these potential impacts, the court evaluates requests with a strong focus on the child’s best interests.
Family dynamics, circumstances and the needs of the child can change over time. When that happens, one or both parents may request a new custody arrangement. However, a parent must show a significant change in circumstances before the court will even consider making a modification.
How do judges make custody modification determinations?
Courts focus on what is best for the child rather than what is most convenient for either parent. Judges will look at several key factors before deciding whether a custody order should be changed. These may include:
- The physical and emotional needs of the child and whether those needs are being met under the current arrangement
- Any changes in the physical or mental health of either parent
- Each parent’s ability to provide a stable and supportive home environment
- Evidence of concerns such as substance use, domestic violence or neglect
- The child’s age and maturity and whether they have expressed a clear and reasonable preference
- Whether the current arrangement is no longer working and is having a negative effect on the child
- The impact of a proposed change on the child’s education, relationships and daily routine
- Whether both parents are cooperating or if there is ongoing conflict that affects the child
Judges review these and other details carefully, always keeping the child’s safety, health and development in mind. A change will not be granted just because one parent disagrees with the current order.
Custody modifications can reshape important aspects of parenting. Seeking legal guidance can be helpful if you are considering a change or responding to a request to modify an existing arrangement.
