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Is it possible to modify a child custody order?

On Behalf of | Mar 16, 2023 | Child Custody |

Some may think that a final order from the court is already absolute and is no longer subject to change. However, as the child grows older, there are changes in their lives that might require an adjustment on the court’s custody order. Moreover, not only changes in the child’s life might trigger a modification. Changes in the parents’ situations may also warrant one.

So, does this mean that any change can trigger child custody modification?

No, the change must be significant

The court does not accept all changes as a reason to alter the custody order. The court must find that the change in circumstances is substantial enough that it adversely affects the child’s life. Moreover, the court will likely approve the modification if making changes to the custody order is the best option for the child’s interests.

Examples of these substantial changes are:

  • Relocation or remarriage of a parent
  • Abusive or harmful environment putting the child’s life at risk
  • A parent’s violation of the custody schedule
  • The child’s preference

On top of this, the requesting parent must submit a new parenting plan already considering the substantial change to the court. These do not guarantee the court’s approval, but the court will definitely consider this with the child’s best interest as the main priority.

A case-to-case basis

Whether the court will allow modification to the custody order depends on each case. Circumstances vary from one family to another, and what might be best for one may not be best for another. Ultimately, the court’s main priority is the child’s best interests.