Determining a Substantial Change in Circumstances
To successfully request a court-ordered change in custody, one of the requirements is that the court must find that a "substantial change in circumstances" has taken place since the initial or previous custody determination was made.
In many cases a parent will have numerous, valid concerns about the current child custody arrangements, yet those concerns do not meet the definition of a 'substantial change in circumstances'. A child custody modification attorney will guide you through the process and decide if you have a case.
The court may modify an order if:
- The circumstances of the child, main custodian or other party affected by the order have materially and substantially changed since the date the order was rendered
- The appointment of the new main custodian would be a positive improvement for the child.
If you feel you fall into this category and worry for the well being of your child, contact a child custody modification attorney or family lawyer to file a motion to modify.
Some Main Things to Consider
Many aspects of the child's physical, mental, emotional, and moral well-being have been considered in deciding whether there has been a material change of circumstances affecting the child's welfare, including:
- Whether a party has provided for the child's particular health needs, handicaps, hygiene habits, and dietary and clothing needs.
- Whether a party has properly overseen the child's educational and social development.
* A party's ability or inability to spend time with, care for, and supervise a child.
- A party's income, financial situation, employment history and capacity, present job status, and type of employment.
- Frequent changes of residence by the managing conservator.
A child custody modification attorney can determine if your situation fits what a judge would consider a substantial change of circumstances.
More Factors that Contribute to Substantial Change
A child custody modification attorney can help you find other factors that would contribute to modifying a custody verdict.
Some include:
- A child’s maturity and getting older. The older they get, the more they have a right to choose whom to live with.
- A parent’s physical condition will contribute if they cannot care for the child properly.
- The main custodian getting remarried and the status of the new family living with the child and how it affects the child.
- Acts, omissions, or circumstances of main custodian that thwart the child's ties with the other parent, such as interfering with visitation, may constitute a material and substantial change in circumstances.
- Being convicted of a crime or subjecting the child to the influence of persons involved in criminal activities may be considered a material and substantial change in circumstances.
- Child abuse of any kind is going to get the court’s attention and bring about change.
- Even dishonorable discharge from the armed forces constitutes substantial change.
Now, some of these are not affective alone and a child custody modification attorney can help to differentiate the more powerful circumstances that make your case.
Removal of Negative Factors as Consideration
In addition, the removal of a negative factor in the existing environment may be sufficient to show positive improvement and get a change in custody and a child custody modification attorney can help.
For example, the elimination of a daughter's emotional distress caused by living with her father was sufficient to support a finding that giving her mother custody would be a positive improvement. Similarly, the more stable home life of the person seeking to be the main custodian, as compared to the unstable environment with the present custodian, may make the modification a positive improvement
Again no matter the situation, it is vital to contact a child custody modification attorney to help you make your case and make sure your child is safe.