When parents separate or get divorced if there are children under the age of eighteen involved, child custody and child support orders are usually decided by the courts. This determines who has legal custody of the minor and visitation rights of the other parent. The agreed order is established with the child’s best interests in mind, however there are circumstances when the order can be revisited by the courts and changed if needed.
What are some of the reasons a Judge would change a custody order?
The most common reason a judge will look at the custody order and change it is at the request of one of the parents. If the judge looks at the case and finds that the parents request is justified and there needs to be a change to the order.
Below you’ll find a few different reasons a judge will change custody and issue the requested modification.
There are several reasons a judge might change a custody order. Some of these include:
1. A change in the circumstances of one or both parents: If one parent’s circumstances have changed significantly (e.g., they have become unable to care for the child due to illness or substance abuse), the court may determine that it is in the child’s best interests to modify the custody arrangement.
2. The child’s preference: If the child is old enough to express a preference, the court may consider the child’s wishes when deciding whether to modify custody. In order to determine whether the child desires custody, the court may consider factors such as age and maturity but must not allow the child’s preference to be determinative of custody.
3. The child’s safety: If the court determines that the child is at risk of harm in their current custody arrangement, it may order a change in custody to protect the child.
4. The parent’s ability to cooperate and co-parent: If one parent is unwilling or unable to cooperate with the other parent or to co-parent effectively, the court may modify custody to better meet the needs of the child.
5. Relocation: If one parent plans to move a significant distance away, the court may modify custody to allow the child to maintain a relationship with both parents.
6. Failure to follow the custody order: If a parent fails to follow the terms of the custody order, the court may modify the order to better ensure that the terms are followed.
7. If the child’s needs have changed: a judge may change the custody order. If a parent or guardian has failed to meet the needs of the child, or if there are circumstances that have changed since the last court order, a judge may determine that it is in the best interest of the child to modify their current custody order.
8. If one or both parents’ circumstances have changed: If either of the parents’ circumstances have changed, a judge may change the custody order. Examples of changes in circumstances that may be grounds for a custody hearing include:
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- A parent’s health has deteriorated or improved significantly since the last custody order was issued.
- One parent is unable to provide support for their children due to illness or financial hardship.
- One parent has become employed and is now able to take on more responsibility for providing for their children’s needs than they could before becoming employed.
In Sum
It’s important to note that the court’s primary concern when modifying a custody order is always the best interests of the child. The court will consider all relevant factors when deciding whether to modify a custody order and will only do so if it believes it is necessary to protect the child’s well-being.
The divorce lawyers at Tower Karson Law in Livonia are here to help. We handle every aspect of divorce and family law including child custody with careful consideration. Our extensive experience in family law will provide both the protection and voice that you and your family needs. Call our divorce and family law firm to schedule a Free Consultation.