When a couple with minor children divorces, an initial child custody order is also generated to outline parenting time arrangements, always tailored to be in the best interests of the children.
Parents may share custody according to a predetermined percentage or 50/50, or they may sometimes live full-time with one parent, depending on what works for everyone in the family. While custody arrangements are legally binding, they're not always set in stone.
At David R. Phillips, we understand that issues with the primary custodial parent or other changing circumstances can sometimes lead to child custody modifications at different points until the children turn 18.
Call now to discuss your unique child custody modification case with our esteemed family law attorney! With an experience that extends over three decades, we can guide you through everything you need to know about divorce, child custody and support, alimony, visitation, and more!
Why Do Courts Sometimes Modify or Change Child Custody Arrangements?
Reason #1- Changed Opinions or Needs of the Children
Most states take the children's opinions into account once they reach a certain age. Children need different environments to thrive at various life stages, so what worked for them as a toddler might not work as high school students.
The teenager may no longer want to live with the primary custodian or might express their desire to spend more time with both parents. Sometimes children who develop a physical, mental, or emotional disorder can need more attention from one or both parents, which could be a reason for the court to change custody.
When it's demonstrated in the court that the child's needs have evolved, it means you may have grounds for child custody modification. The judge will determine how to proceed once the parent files the motion to modify the custody in favor of the child's changed needs.
Reason #2- Failure to Follow Custody Terms
When parents go to court and get a custody order through mutual agreement or the jury's decision, they're legally bound to follow it. If any parent doesn't hold to it by perhaps refusing to inform the other parent when they take the child out of town or simply not returning them home on time every week, a petition can be filed to modify the order.
A notice can be sent to the troublesome parent, and evidence must be presented in court to demonstrate the violations and how they're affecting the child's welfare. The parent who doesn't follow the custody terms can also be held in contempt of court.
Since these things can be complicated, it's best to work with a highly experienced family law attorney who can help you proceed. David R. Phillips has dealt with numerous child custody modification cases based on violations of the predetermined order or agreement. Schedule a one-on-one consultation now!
Reason #3- The Child is in Danger
The court often modifies the custody order when a child feels threatened in one parent's house. The non-custodial parent gets custody, while the parents with issues can be allowed supervised visitation.
The court takes child endangerment very seriously, so substance abuse, physical abuse, psychological or emotional abuse, and even outright neglect can influence the modification.
Even if the court finds the household of the primary parent to be abusive or unfit for any number of reasons, the child may be instantly removed from their custody.
Need a Top-Tier Family Law Attorney in Indiana?
If you want to request modifications in your current child custody arrangements for any reason, you'll need to go through proper legal channels. Our law firm's family law attorney David R. Phillips works diligently to meet and exceed each client's needs when getting divorced or fighting for child custody while ensuring everything works out according to the child's best interest.
When clients come to us for personal injury, family law, and criminal law cases, we always treat them with compassion and grace. Our goal is to work out the most cost-effective and least complicated ways to help you begin the next chapter of your life on the right foot. Discuss your case with us so we can help you understand your rights and the best way forward.