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When can you modify a child custody order?

On Behalf of | Sep 8, 2023 | Child Custody And Visitation

Do you feel like your existing child custody order is no longer in your child’s best interests? If the answer is “yes,” then you need to consider seeking a custody modification. While one of these motions can seek to shift primary physical or legal custody to the other parent, it can also focus on setting new parameters on visitation. Regardless of your ultimate goal, though, you’ll need to be able to clearly articulate how circumstances have substantially changed and why the modification is necessary.

What justifies a child custody modification?

Many circumstances can warrant a custody modification. That said, here are some of the most common:

  • Parental substance abuse: Exposure to parental substance abuse puts your child’s physical, emotional, psychological, and behavioral well-being at risk. This can increase their risk of being abused or neglected, drive their school performance down, and lead to anxiety and other mental health concerns.
  • Domestic violence: Violence in your child’s household can leave your child fearful, depressed, and guilt-ridden. This can impact everything from their behavior to their school performance.
  • Financial strain: The loss of a job or financial stressors can render a custodial parent incapable of adequately caring for your child. If that’s the case, then modification may be necessary to ensure that your child’s needs are met.
  • Mental health issues: Your child needs and deserves a caretaker who is healthy and competent enough to protect your child’s safety and well-being. Untreated mental health issues can jeopardize the stability and safety that your child needs.

Act now to protect your child

There may be other facts in your circumstances that warrant a modification. Just be sure to gather evidence of the problematic issue and present it in light of your child’s best interests. Hopefully then you can secure an outcome that’s best for your child.