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Can You Modify Your Child Custody Arrangement?

Child holding teddy bear and parents arguing

Because they directly affect your children’s ongoing well-being and your relationship with them, your child custody arrangements are one of the most important components of your divorce. The arrangements that worked when you were first divorced, however, may no longer apply to your situation, and a modification may be necessary. If you have concerns related to your child custody arrangements, you need an experienced attorney on your side. 

A Substantial Change In Circumstances

If you have experienced a substantial change in circumstances that affects your children’s lives, you can petition the court to modify your child custody arrangements. The burden of proving this substantial change (since the date the last child custody order was issued), however, rests with you. 

The Court’s Perspective

It’s important to recognize the court’s perspective when it comes to child custody arrangements, and this is that the children’s best interests always come first. Thus, if you can demonstrate that a modification would be in your children’s best interests, the court may be moved to make the modification, but this can be complicated. 

The court is also partial to the status quo, and that original child custody order was issued for a reason. As such, it can take a very compelling argument to effect a modification. Nevertheless, the judge involved does understand that children’s needs evolve over time and may find your argument convincing. In other words, every modification is unique to its own set of circumstances and should be approached from this perspective – making your best case in light of your specific circumstances. 

Modification Based On Relocation

Divorce is a tumultuous time, and many recently divorced parents find that a move is necessary for any number of reasons, including:

  1. Moving for a job opportunity that allows you to better support your children
  2. Moving to be near family who will help provide support
  3. Moving to make a fresh start

If you are planning on moving out of state – or out of the area – you will need to modify your child custody arrangements by either obtaining your ex’s written permission or by taking the matter up with the court. Again, the court will make its decision based on your children’s best interests. If, for example, you’ll be making more money and can thus provide your kids with enhanced opportunities, the court will weigh this against exactly how difficult it will be for your kids to spend time with their other parent. The court finds that having a consistent relationship with both parents is in the children’s best interests, and this will also help guide its decision.  

Need A Child Custody Modification? Call A Charlotte Child Custody Law Firm Today

Issues related to child custody are among the most emotionally fraught, but at Blood Law, PLLC, in Charlotte, family law is our focus. Our compassionate legal team is here to skillfully advocate for a child custody modification that serves your family’s needs. We’re here to help, so please don’t hesitate to contact or call us at (704) 286-0570 today.