Unfortunately, when it comes to divorce, a child is sometimes caught in the middle of things. Most of the time, parents will initially agree on custody terms and how it will be handled. After this is done and the divorce is finalized certain things can occur which might require a much-needed change to the custody terms. Today we’ll be looking at what could cause the need for Custody changes.
One Parent Refuses to Follow The Custody Terms
After going to court, you ended up with a custody order. Either you and your spouse agreed on the order or the judge mandated the order and it must be followed. Now let’s say one of the parents aren’t following the order that was agreed upon. Some examples of this are:
- The visitation Schedule is being ignored
- Allowing an unauthorized person to care for the child
- Denying the other parent their custody or visitation rights
- Taking the child outside of state lines
- Failing to inform the other parent of the child’s whereabouts
If either parent is partaking in these types of behaviors, then you might want to consider a change in the custody terms. This can be done by recruiting the help of a skilled Non-Lawyer.
Physical Relocation After Divorce
Sometimes life happens and things change. In terms of moving it can be several reasons such as significant other, employment, and personal reasons. Whenever a relocation reason is brought to the court the first thing they’ll be interested in is the reasons for the move. Below will be a list of what are considered good-faith moves and bad faith moves from Very Well Family.
Good Faith Moves
- The child will be closer to extended family
- It’s a better job/housing opportunity
- Moving will allow the child to continue their education
- Regular visitation is still possible
- Both parents are aware and accept the changes
Bad Faith Moves
- Moving away from your former significant other as a form of revenge
- To Limit your ex’s access to the children
- Reducing Child Support
- Is a disruption in the child environment and education
Custody Over Child Saftey
Without a doubt the biggest reason a change will need to be made to the child custody after a divorce is going to be the children’s safety. When assessing whether or not a custody change is needed or not a court will consider several things before finalizing a decision. Some of the behaviors that could justify a change may include:
- Placing the child in circumstances, either through action or failure to act, that put them in danger of abuse by others
- Serious mental health concerns (psychotic breaks, hospitalizations, unstable or erratic behavior)
- Drug and alcohol abuse places the child at risk of harm or creates a negative influence
- Physical, emotional, sexual, or psychological abuse (including verbal abuse
Of course, these are things that you’ll notice, and if you do you want to report it right away. Modifications being made to due child safety can result in the removal of complete custody of a child.
The Child's Needs Have Changed
Circumstances that work for a baby may not work for a toddler or a high school student. A child might need a different environment together to thrive are different stages in their life. If you can demonstrate to the court that the child’s needs have changed, you may have grounds for a custody change.
Secondly, If a child develops a physical, mental, or emotional disorder, and one parent has a more suitable environment to care for the child, that could provide a reason for the judge to change custody. The parent that wants to have a custody order modified then they’ll need to be able to prove the changes are subnational and affect the child. Afterward, the court will decide how to proceed.
A Parent's Situation Has Changed
Life is long and we all make mistakes. Some mistakes that will affect an agreement include issues such as substance abuse or not being able to hold a steady job. However, courts will recognize that circumstances have changed over time. You can go to a non-lawyer at Priest Paralegal. After providing proof that you’ve been sober for several years with a steady job the next steps will most likely be to go to the court and request a custody modification. Lastly, if the opposite is happening and a parent is abusing substances and can’t provide for a child then a negative request can also be made.
In Conclusion
In conclusion after everything that we’ve listed hopefully, you can take the time and consider a possible custody change. Custody changes always affect everyone involved so that’s what it’s okay to second guess and ask yourself “Is my child happy”. if you’re unsure but have questions, then contact a professional at Priest Paralegal Services.