Custody orders are binding but not unalterable 

On Behalf of | Dec 28, 2022 | Child Custody |

The divorce between you and your former spouse has reached its conclusion. During proceedings, you reached agreements on property division, alimony and support as well as child custody.

Both parents have been informed on no uncertain terms that the custody arrangement is legally binding. This means that it must be honored at all times. However, this is not the same as being unalterable. In certain conditions, the family court may consider making custody modifications. Here are a few reasons why. 

If the child is in any danger 

Each state has its own interpretation of the best interests of the child, but one universal factor is safety. If the current custody arrangement places the child in any sort of danger, then it’s likely that the court will make a modification. For instance, if one parent has taken a downward spiral with alcohol or substance abuse, then the court may insist that only supervised visitation takes place. This is a form of visitation that takes place in a safe environment where responsible adults can take over if necessary. 

If the child has outgrown the current arrangement 

Children grow up quickly and their needs are constantly adjusting. What was suitable one year ago is likely to be incompatible today. The family courts are more than aware of this, and they will judge custody orders based on the most current circumstances. If a custody arrangement has become unworkable because the child has gained more independence, then modifications can be made. 

These are just some of the main reasons for custody modifications, there are several others. One way to obtain more detail on the subject is to seek some legal guidance

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