Parents generally have a legal responsibility to follow the terms outlined in a custody order. The established custody order describes how parents share decision-making authority and parenting time. They both need to communicate about their children, uphold the parenting schedule and prioritize the children’s best interests when making major decisions.
In some cases, especially when children are already older, a custody order may serve a family’s needs until the children become adults. For other families, custody orders made quickly become outdated. They then face constant opportunities for conflict when they must adjust the family schedule. Many parents in Santa Clara County who share custody can benefit from knowing when it is appropriate to modify a custody order and how to do so.
When is a modification necessary?
Significant changes in family circumstances can make a custody modification necessary. Scenarios in which parents may need to change the division of parenting time and authority may include:
- Changes to family schedules
- Plans to relocate far enough away to complicate custody exchanges
- Either parent starting a new job
- Either parent remarrying or having another child
- Changes that could affect the children’s health and safety
Whenever there has been a significant change in the circumstances of the parents or the children, reviewing and modifying the custody order could be an appropriate reaction.
How can parents adjust custody orders?
A custody modification requires court approval, if not a judge’s determination during litigation. Parents can potentially reach an agreement with one another regarding the changes that are necessary. They can then petition the courts for an uncontested modification that reflects those new arrangements.
Provided that a judge reviews the proposed modification and agrees that the updates are in the best interests of the children, the entire process can be relatively quick. When there is a dispute about the changes that must occur or whether a formal modification is necessary, either parent can then petition the courts for a hearing.
They generally need documentation validating their claim that there has been a substantial change in circumstances. They also need documentation that can convince a judge that the adjustments proposed are in the best interests of their children. Judges hear from both parents in a litigated modification scenario and then enter a ruling that focuses on what is best for the children.
Parents preparing to submit paperwork for an uncontested custody modification or anticipating a litigated modification likely need assistance. Reviewing an outdated custody order with a family law attorney can help parents prepare to update their existing custody order accordingly.