Family Law - When is a child custody modification necessary?

During a divorce, wise parents will make decisions that are in the best interest of their child. The emotional challenge for the child experiencing his or her parents' break up is not a smooth transition if the parents cannot come to an amicable agreement about property and living arrangements.

Sometimes, even in the best set of circumstances where seemingly all of the right decisions were made, a child custody modification might be necessary due to unforeseen circumstances, i.e. job relocation, period of adjustment for the child.

A child custody modification is a court action which is filed to change a final court order regarding where and with whom your child will live. This modification can be between you and your ex-spouse, or between you and someone else who takes care of your child, such as grandparent or aunt.

Types of Modifications

There are two basic types of child custody modifications which may apply to your circumstances.
You will need to verify with the family law in your state to learn how each are specifically defined.

A major child custody modification is when you want to completely change the custody ruling in the original custody order. A minor child custody modification is when only small changes are necessary.

What to Ask for in a Child Custody Modification

When you need to file a child custody modification, you are asking the court to make a specific change and sign a new child custody order. For example, you might want to add custody rights for yourself. Or, if you have reason to be concerned about the other parent's time with the child, you can ask for changes to that. Child support payments can also be changed during this process.

What to Expect During the Hearing

After you have filed the appropriate papers with the court clerk's office, you will have an opportunity to present your case before a judge. Be specific and truthful as to why you think there is a need to modify the original order. Stick to the facts.

Your ex-spouse will be allowed to present their case after you have presented yours. Once the judge has heard both sides, one of two things will happen. Either the judge will make a ruling from the bench, or make a decision at a later date. The latter happens more often than the former, where you will receive a written decision from the judge.

Make sure that you consult legal advice before filing a modification petition. There are certain requirements which must be met, based on the type of modification you are requesting. Additionally, there is a filing fee associated any time you petition the court. Therefore, you will want to have all of the correct information the first time around.