Child Custody Modification

A party can return to court and file a Motion to Modify when such changes occur. In order to seek a modification in a custody order or Parenting Plan, a party must set out sufficient facts that show a change in circumstances from the time of the Judgment and that one or more provisions of the Judgment are no longer in the best interests of the child.  If the standard seems somewhat lacking in specificity, it’s somewhat by design – ultimately, the court must do what’s best for the children.

But the court isn’t without guidance. It considers the same factors used when making the original custody determination: the wishes of the parents; the need to assure a continuing and meaningful relationship with both parents and which parent would be more likely to facilitate that relationship; the interaction of the child with parents, siblings and other family members; which parent would more likely allow frequent, continuing and meaningful contact with the other parent; the child’s adjustment to home, school and community; the mental and physical health of both parents, including any issues of domestic violence; the intention of either parent to relocate; and the wishes of the child, if the child is sufficiently mature to express such wishes.

Generally, when a party seeks a modification, it involves a change in legal custody, a change in physical custody, a change in the Parenting Plan, or sometimes all three. A change in legal or physical child custody requires a higher showing of changed circumstances than is required for a change in the Parenting Plan.

Modifications are very complicated and often complex matters, particularly if a party seeks a change in both legal and physical custody. It begins to resemble a contested divorce, and the procedures are generally very similar. To chart the most beneficial course for your modification proceeding, you need to consult with a skilled and experienced attorney.

Getting Help

At The Marks Law Firm, L.L.C, we have over fifty years of combined experience handling family law matters. We help individuals understand their rights with regard to all issues, including custody modifications.  We have handled hundreds of trials before family court judges; if you choose The Marks Law Firm, L.L.C., you will have the benefit of a lawyer unafraid to go to court, advocate on your behalf and fully present your case.