There are dozens of reasons a parent can ask a judge to modify child custody. If one parent is requiring unreasonable travel arrangements to see the child, this could lead to a modification. In this case, the parent must show that the move is for the best interest of the child. However, if the child is living with one parent who is not paying child support, this could be a reason to modify the custody agreement.
Mental illness is a significant cause for custody modifications. In some cases, mental illness may be accompanied by substance abuse or impaired mental health. In such cases, the court will consider the child’s fear of the other parent’s home. Experts may be brought in to testify on behalf of the child. The other parent might have committed a serious offense such as abuse of drugs or alcohol. The court will consider these reasons before making a custody modification.
Some of the most common reasons to modify child custody are changes in the child’s life. The older the child, the more weight the court will give the child’s wishes. For example, an older child may have sex-related needs and would like to live with the other parent. If the child is younger, however, this may not be a factor. If a child is older, the other parent may want to limit contact with the child.
Moving to a different city or state is another reason parents may petition for a modified child custody arrangement. In some cases, a parent’s job or residence may change, and this could affect the child’s social life or time with friends. Either way, the child custody modification must be in the best interest of the child. A parent may have to prove these changes to a judge. If the changes are significant, the court may grant the modification.
One parent may disagree with the original custody order. If the parent is not living up to the terms of the agreement, a court may modify the custody order. The judge will usually only grant a custody modification if both parents agree. This type of modification is most common when one parent has more visitation rights than the other parent. Additionally, a parent may wish to change their custody order due to a short absence, life-altering decision, or financial circumstances.
Another reason to change child custody is physical relocation. Depending on where the parent lives, a move can be a significant distance. The judge will look at the distance, the new distance, and whether the move makes the previous custody agreement impossible to stick to. A move, however, does not automatically justify a custody modification. A judge will look at the reasons for the move and determine if the change is in the child’s best interests.
Child abuse can take several forms. In essence, any act that jeopardizes the child’s well-being can be considered child abuse. Some examples of this type of abuse include domestic violence in a child’s home. Abandonment, meanwhile, involves not being able to provide basic care to the child. Parental kidnapping is another type of abuse. If the child is suffering from emotional or physical abuse, it could be a legitimate basis for modification.
There are many reasons for a parent to seek a conservatorship modification. This agreement specifies the rights and duties of both parents. As the child gets older, the level of conflict between parents increases. This could lead to conflict involving psychiatric care or therapy. In these situations, the custodial parent can request an upward modification of child support. The change must be supported by medical and occupational assessments.
While a modification case can be lengthy and difficult, it is often settled in a favorable manner. Most mediators recommend that their clients consider mediation over a contested trial. Moreover, parents are in a better position to make decisions than a judge, and mediation gives parents the best chance of a favorable outcome. So, if a parent wants to change their child custody order, he or she should consider mediation.
