How can child custody or visitation orders be modified?

 

When a parent seeks to have the child custody order changed, it is his or her burden to show the court why it should be changed.  This is based on the idea that stability is best for the child unless you can show that there is something in the environment that will harm the well being of the child.  This is not as simple as it may seem. The parent seeking modification of child custody or visitation must show that his or her home will be better for the child than the home of the custodial parent and/or new visitation orders would be in the child's best interests.

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In order for the court to grant a modification of custody or visitation, the parent requesting the change must prove that a "material and substantial change in circumstances" has occurred since the date of the divorce decree or previous child custody order.  The following are examples of some circumstances that may support a modification:

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• Change in lifestyle of a parent

• Failure to show up for visitation

• Refusal to honor the other parent's visitation rights

• Parent moving beyond the geographical restrictions set by the court

• Domestic violence or child abuse by parent or household member

• Child neglect

• Alcohol or drug abuse issues

• Significant violations of the divorce decree or prior order

 

The court will only consider facts that have occurred since the date of the divorce decree or custody order.  It will not re-litigate matters that were, or could have been, litigated before the existing decree or order.

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If you need representation to contest a child custody modification, or believe it is in your child's best interest to modify
custody or visitation, Pederson Law Office can help.  If you delay, you may compromise your legal position. 

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If you are interested in modifying child custody and/or visitation provisions in an existing decree or child custody order, contact Pederson Law Office immediately to determine your options.