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When might you modify a child custody agreement?

On Behalf of | Feb 6, 2023 | Divorce

A custody order depends on what the courts determine is in the best interests of the child at the time of the hearing. That does not mean that a child’s best interests never change. In fact, depending on the changing dynamics of their relationships with each parent as well as their changing needs as they age, you may need to re-evaluate your custody agreement.

There are a few important elements to think about when you consider modifying custody.

Does one parent live in a better school district?

If one of you has relocated since receipt of the initial custody order and the school district is a better environment, a modification to custody can award primary custody to that parent for the purposes of the child’s education.

Does the child wish to relocate?

If your child has decided that they wish to live with the non-custodial parent, you can petition the court for a custody modification to do so. Remember that the visitation schedule will change as well, as will the child support obligation.

Has your child’s schedule changed?

As kids get older, obligations in school and after-school jobs can interfere with an established custody and visitation schedule. A petition for modification is an easy way to adjust things so that the schedule works for everyone.

Custody orders are not meant to be final. In fact, you can modify it at any time provided that there is just cause for the change. You just have to present the case in court to ask for modification.