When is a child custody modification request warranted?

On Behalf of | Nov 28, 2022 | family law |

If you’re reading this post, then you’re probably worried about your current child custody arrangement. But even if that’s the case, you might be struggling to figure out your best course of action. In most instance, filing a motion to modify custody is your strongest option, but you’ll need to make sure that you have sufficient evidence to demonstrate that what you’re requesting is in the child’s best interests, since that’s the standard that the court will use to make its determination.

What situations qualify for a custody modification

Generally speaking, modifications are granted when a substantial material change occurs. This can include a lot of circumstances, including:

  • Exposure to parental substance abuse
  • Exposure to domestic violence
  • The presence of physical abuse or neglect
  • Decreased financial stability in the custodial parent’s home
  • Failing health of the custodial parent
  • An increase in the child’s needs
  • The existence of parental interference
  • Your child’s wishes

Again, you’ll need to make sure that you have ample evidence demonstrating that the alleged condition exists and also how it negatively impacts your child. For example, you may be able to draw a correlation between your child’s exposure to parental substance abuse and poor school performance or the onset of behavioral issues. If you need to, you may be able to turn to a mental health expert to help you present this part of your case.

Are you ready to build your case for modification?

Given that your child’s safety and well-being may be on the line, there’s a lot of pressure when building your custody modification request. That’s why you’ll want to be as thorough as possible while anticipating the other side’s arguments as much as possible. An attorney who has worked these sorts of cases before will know how to do that so that you’re positioned as strongly as possible to achieve the outcome that you desire.

 

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