Reasons to modify a child custody order

Reasons to modify a child custody order

| Aug 25, 2020 | Family Law |

These are very trying times, and with things constantly changing, this could greatly impact the child custody arrangement divorced parents in Nevada have in place. Whether parents mutually agreed on custody or child custody was ordered by the court, these terms must be followed. However, if there is a substantial change in circumstances, it may be necessary to revisit the custody order and seek modification of child custody.

Modifying a child custody order

Typically, a child custody modification is sought when the current order no longer works. The reasons it no longer works can be vast, which makes it imperative that parents fully grasp what could give them cause and reason to alter the current order. However, no matter the reason, the court will consider the best interests of the child. In other words, the court won’t want to interrupt the child’s way or life and their wellbeing for frivolous reasons.

A major reason to change a child custody order is for the child’s safety. If the other parent believes that child is in danger due to domestic violence or abuse at the other parent’s home, this could be reason for modification. Similarly, if the child is in immediate danger or has expressed their unwillingness to remain in the other parent’s home because danger might be present, this is also cause for modification.

Other reasons for modification

When a parent relocates, this could give cause for modification. The court will consider various factors, including the motivations of the parent that is moving, whether the move will make the current visitation schedule impractical or impossible, whether the parents have communicates a new visitation schedule and whether the child’s life will be interrupts when it comes to school, extracurricular activities, friendships and religious upbringing if child custody is modified.

Custody could also face modification is a parent repeatedly ignored the current order. This could either be due to lack of cooperation or one parent ignoring the schedule and essentially abandoning their parental responsibilities. Finally, modification is necessary when a parent passes on. Upon their death, it is likely that the other parent will assume custody; however, a non-custodial parent may not be fit to assume custody or a child may desire to remain with a third party.

Child custody matters can be complex and emotional. This can make them difficult to navigate and reach a resolution. Nonetheless, it is important to keep the best interest of the child as the main focus while also understand your rights and options as a parent when reaching a final agreement.