Parents who share children and live separately typically have a custody order that governs their relationship. They have to communicate with one another about the children, make joint decisions and regularly exchange custody.
Custody orders help prevent parents from fighting over the complexities of raising children together after the end of a relationship. Typically, both parents negotiating custody arrangements directly with one another and judges hearing contested cases try to create orders that work for the family in the long term. However, circumstances can change, leaving a custody order outdated and unable to meet the needs of the family. Modifications from the family courts are available when circumstances change significantly.
When is it potentially time for parents to go back to court to update a custody order?
1. When one parent needs to move
Parental relocations can have a major impact on how parents share custody. Moves that change the distance between households can make the current schedule unsustainable. The farther one parent intends to move from their current residence, the more important it may be to adjust the existing custody order. Parents can either agree on modifications when one moves or may need to litigate and have a judge determine what happens next, including whether the children can relocate with the moving parent.
2. When arrangements cause conflict
When custody orders become outdated, parents can sometimes make adjustments as necessary to their schedules. Other times, every change to the custody schedule could theoretically trigger conflict between the parents. The more that the parents fight with one another, the more damaging the situation could be for their children. Parents who find themselves arguing frequently over how to adjust the custody order given their new needs or schedules may want to formally modify the order to prevent conflict.
3. When the children are unsafe or unhappy
Most parents are able to preserve and even improve their relationships with their children when they share custody. However, some parents truly struggle with parenting on their own. They may neglect or even abuse the children during their parenting time. Such scenarios may necessitate a custody modification for the protection of the children.
Other times, the children may express dissatisfaction with the current division of parenting time. Particularly if they have a strained relationship with one parent, they may hope to reduce how much time they spend with that parent and increase the time at the other parent’s home.
At the end of the day, whether a situation is amicable or contentious, sometimes, going back to court to modify a child custody order can help ensure that the official arrangements for parenting meet a family’s needs.