What is a substantial change in circumstance for custody:- The primary focus of courts in every jurisdiction, whether of whether the case involves an original custody order or a change to it, is what is best for the kid. Only in cases when it is in the child's best interests can a court alter a custody order, even in situations where the case's circumstances have drastically changed.
State law, however, controls child custody matters, therefore each state will have different requirements, deadlines, and procedures for requesting custody.
What is meant by a substantial change in circumstances?
Any major change in one or both parents’ financial, mental, or physical state that may have an impact on a custody or support order is referred to as a substantial change in circumstances. Usually, at the time of the initial court order, this shift was unanticipated and involuntary.
A significant change in circumstances could occur, for instance, if a parent loses their employment and is unable to pay the same level of child support as before. If a parent is sick and is unable to give their child the care they need, that is another example.
Modifying a Child Custody Order
Anytime changes are agreed upon by both parents, they can happen. The agreement needs to be approved by the court in order to be enforceable.
The agreement is void and the parents are not obligated to abide by it if the court rejects it.
Requesting to Modify the Custody Order
If there has been a significant change in circumstances that bolsters the parent’s argument that the children would benefit from the change, any parent may file a motion to return to court and request a modification of custody and/or visitation.
A custody evaluation might be necessary if the court considers that there might be a reason for the change after hearing a move for a change in custody. A key factor in determining whether the case is successful or unsuccessful can be how each parent states their concerns at the custody evaluation.
Situations in Which Custody Can Be Changed
Some states have rules that require a parent to prove two things in order to properly petition the court for a modification:
- that a significant change in circumstances justifies a modification to the custody agreement or parenting plan, and that granting the adjustment is in the children’s best interests.
Better Situational Conditions (What is a substantial change in circumstance for custody?)
In addition to requesting a change in custody because one parent is no longer able to care for the child, parents may also do so when things have improved for them. Occurrences such as unemployment or insufficient funds to maintain a secure environment for the child can result in a parent being first denied custody by the court if those conditions were not in the child’s best interests.
The court has the authority to alter the custody plan if the parent’s circumstances significantly alter—for example, by getting job.