The details of a custody order determine an individual’s parental rights and responsibilities. Parents usually share parenting time, financial responsibility and decision-making authority even after their relationships end.
Frequently, the terms of a custody order are broad and may include details that allow the order to grow with the children as they mature. However, particularly if parents set their own custody terms, they may eventually realize that the custody order has become outdated.
The parents may find themselves routinely making adjustments to their parenting schedule or arguing with one another about decisions regarding their children. If a custody order no longer effectively addresses a family’s needs, requesting a formal modification from the family courts is often the best option available.
The risk of informal adjustments
Making small tweaks to the current parenting schedule or negotiating decision-making disputes on a case-by-case basis can be time-consuming. This approach to an outdated order can also cause emotional trauma for the children, who may struggle when they witness their parents fighting.
Additionally, informal custody modifications that do not actually change either parent’s responsibilities or the schedule for parenting time. One parent could attempt to maliciously enforce the custody order after verbally agreeing to make certain changes.
They could report a parental kidnapping or ask the courts to award them additional time with the children in an enforcement hearing. Modifications prevent that kind of duplicitous conduct by making any changes to the custody order official.
How do parents modify custody orders?
There are typically two approaches to custody modification. Parents can work together and agree on terms. They can then submit paperwork to the courts asking for an agreed modification.
If parents disagree on the necessary adjustments, then they can litigate the issue. A judge can review how circumstances have changed and the proposed custody adjustments. They can then modify the custody order in a manner that they believe upholds the best interests of the children.
While negotiating an agreed custody modification or litigating a contested modification case can require time and effort, updating a custody order can be a beneficial choice. Parents can potentially reduce conflict and protect their rights by officially modifying their current custody order.
