If you and your ex are fighting for custody of your children, you and your ex may be required by the court to submit a parenting plan specifying a childcare schedule and other details. The court will review the plans and develop a final plan best suited to serve the child’s needs.
Once the custody order is finalized, both parties will need to abide by the order. However, courts are aware that this arrangement may need to be modified at some point in time, particularly if the plan no longer serves the child’s best interests. Here are a few possible situations that may warrant a custody modification:
- Parent is relocating for work.
- Parent is getting remarried.
- Child is in danger (due to domestic violence, parental neglect, etc.).
- Parent has health or substance abuse issues.
- Parent is threatening to keep child away from the other parent.
What should I do if I want to modify my agreement?
If you and your ex agree that the agreement needs to be modified, you can negotiate the terms outside of the courtroom and then submit your new custody agreement to the court.
If you and your ex do not agree on the modification, either of you can take the steps necessary to file a request for custody modification.
If your child is doing well under the current arrangement and you and your ex can continue with it, divorce and family law experts generally advise that you avoid requesting a modification. However, if you feel that your child will benefit from a change, requesting a modification is the best way to legally update your current custody order.