Child Custody Modification When There is a Material Change of Circumstances
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Mary Martin
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Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
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UPDATED: Jul 12, 2023
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UPDATED: Jul 12, 2023
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
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Custody battles make great fodder for TV shows and movies, but the reality typically involves significantly less drama. A court signs off on a custody plan that is created for the kids, and both parents share the child or children accordingly.
If someone wants to make a significant change to a custody agreement, though, as in change primary custody from one parent to the other, things can get a little trickier. There are essentially two options. The first option is for the parent seeking the change to get the other parent to agree to the change. This might be unlikely, but if the parents do manage to come to a consensus on a change, the court is generally going to sign off on it without any issue as long as it appears to be in the best interests of the children. The second option requires the parent seeking the change in custody without the other’s approval to petition the court to make the alteration.
A custody agreement isn’t just going to be changed on a whim, and some courts require a waiting period following the original custody agreement, during which no changes can be made unless the parent seeking the change can show some type of imminent danger or harm to the child. This waiting period may be as long as two years.
Outside of the waiting period, the parent seeking the change will first have to prove that something called a “material change in circumstances” has occurred. A material change in circumstances is a very significant change, like one parent losing the ability to care for a child, moving away, or developing a substance abuse problem.
If the parent requesting the change is able to show that something significant and important changed, the court will next consider whether the change is in the best interests of the children. If it is, the requested change will be granted.
Case Studies: Child Custody Modification When There is a Material Change of Circumstances
Case Study 1: Parental Agreement for Custody Modification
In this case study, both parents agree to make a significant change to their custody agreement. They recognize that the current arrangement is not in the best interests of their children due to the relocation of one parent for job-related reasons.
With mutual consent, they approach the court seeking a modification to the custody arrangement. The court reviews their request and approves the modification, taking into consideration the children’s best interests.
Case Study 2: Petitioning for Custody Change Without Mutual Consent
This case study revolves around a parent who wants to change the primary custody arrangement without the other parent’s agreement. The parent believes that a material change in circumstances has occurred, specifically, the other parent’s consistent substance abuse problem.
The concerned parent petitions the court, presenting evidence of the substance abuse and its negative impact on the children’s well-being. The court evaluates the evidence and, if convinced, determines that it is in the best interests of the children to modify the custody arrangement.
Case Study 3: Waiting Period Requirement
In this case study, a parent seeks a custody modification after the waiting period specified in the original custody agreement. The parent argues that a material change of circumstances has transpired, as the other parent has relocated to a different state, making it difficult to maintain the existing custody arrangement.
The parent provides evidence of the challenges faced by the children due to the distance and proposes an alternative custody plan that better serves their best interests. The court considers the evidence and makes a decision based on the children’s well-being.
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Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.