When you first split with your children’s co-parent, you designed a custody agreement to best fit the children’s needs, and that worked well for both co-parents. But as time passed, it became apparent that the order in place no longer served anyone’s best interests.
What should parents do when they or their kids outgrow their custody agreement?
How to tell when you need a new custody order
Courts take into account the needs of the children governed by the custody order. But they also consider the health of both parents, as well as their ability to adequately supervise the kids. When the children are old enough, the courts can even weigh their personal preferences when appropriate.
How to approach a custody modification
The easiest way to approach it is from a united front. If both co-parents agree, an attorney can prepare the order to be signed by the court. This is the easiest, most cost-effective way of modifying your custody order.
If the parents don’t agree to modify the order, the court will set the matter for a hearing where both sides can argue why the order should remain in force or be modified.
Role of the court in custody modifications
It’s the role of the court to enforce the best custody agreement for the children. If one parent alleges that modifying the order will be detrimental to the child(ren), they will need to present any evidence to the court.
The parent who filed the modification will also need to present their evidence of how the current order no longer best fits the needs of the child(ren). The court then weighs both sides before handing down its verdict.
