Sometimes after a divorce, a parent feels that the custody order is not working for their child. When this happens, a Motion for Modification of Custody may be filed.
For a Motion for Modification of custody to be granted, the judge must make two findings:
1. A modification involves an initial determination as to whether there has been a “substantial change in circumstances” since the date of the last court order. This requirement is designed to prevent parents from filing modifications of court orders for minor changes within the family and to avoid courts with the burden of relitigating issues which have already been decided.
If a judge decides that there has not been a “substantial” change in circumstances the motion will be denied. The current court orders will therefore remain in effect.
2. If there have been a “substantial change in circumstances” then a judge will reconsider the current orders. However, a judge is not required to modify the orders. Rather the “best interests of the child” standard controls in deciding whether the current order should be modified and, if so, what the new order should be.
Before a judge decides the modification of custody, a guardian ad litem may be appointed by the court to advocate for the “best interest” of the child. A judge may also request Family Relations to perform a study regarding the issues surrounding the modification.
Do not disregard the divorce orders or take unilateral action. Not only will this irritate the judge (thereby hurting your chances of changing the order) you may be also found in contempt.
A Motion for Modification of Custody is the proper procedure to address these situations concerning children. Please contact me to discuss this important family issue.