The family courts always set and approve custody arrangements based on the best interests of the child. Nonetheless, family circumstances do not always remain static.
While custody orders are legally binding, they can be modified in certain circumstances. Here are some of the more common reasons for custody modifications:
When a parent’s circumstances change
Custody can be modified when a parent’s circumstances have significantly changed. For example, the parent may need to relocate for work. Or, a parent may fall ill and require extensive medical treatment.
Whenever a parent’s circumstances have changed significantly, the court will usually consider custody modification requests. If the modification is in the best interests of the child then it may be approved.
When the child is in danger
Safety is one of the most important aspects of the best interests of the child. If there is a credible threat to the safety of the child, then emergency modifications may be approved. For instance, if there is any evidence of the child being neglected or abused.
Custody orders can be changed quickly if the welfare of the child is at stake.
When the child’s needs have changed
Children grow up quickly, and their needs change. For instance, a custody order that was approved for a toddler may not be suitable for a child who is approaching their teen years. As children gain more independence, new custody arrangements may be in their best interest. If the child falls ill and has unique health requirements, the custody arrangement can also usually be modified.
Modifying custody is possible, as long as it is in the best interests of the child. Presenting a compelling case to the court can be challenging, which is why it’s important to have as much legal information as possible.