An existing Court Order may be modified if there are any substantial or material changes in the circumstances of either parent, the child(ren) or your finances. Typically, one parent can seek a modification every two years. If it is much less than two years, the petition to modify will be subjected to a higher level of scrutiny. 

Custody 

The reality is this: life progresses and circumstances change giving rise to the need to modify an existing custody order. With respect to a change of custody, the best way to ensure that you will get some, if not all of you want is for the parties to agree rather than allowing a judge to make the final decision. I am aware that this proposition sounds better in theory rather than in practice. 

If there substantial and material changes in the lives of you, your co-parent, or your children that may impact the current agreement The Law Offices of Erica Wilson can help you to modify your existing agreement.

When Can Child Custody Be Modified?

Changing or modifying a custody agreement after the final order is possible but you must demonstrate to the Court the need to change the existing order. Judges typically do not favor changes to a child’s established routines and stability so there must be a compelling reason for the Court to modify the existing order. You will need to demonstrate to the Court that the  modification is in the child’s best interest.

Common material changes that give rise to a request for a modification include but not limited to:

• Allegations of abuse
• The relocation of one parent that will directly impact the parenting time of the other parent 
• Any deficits in one parent’s parental capacity
• An election of the child(ren) to reside with one parent 
• The custodial parent refuses to co-parent thereby diminishing the affection of the child’s affection of the non-custodial parent 
• Short term or long-term incarceration of one parent