Working with your co-parent to create a custody arrangement for your children in the midst of divorce can be challenging. No matter what your reasons for divorce are, the idea of spending less time with your children probably doesn’t appeal to either one of you. This can make it difficult to see eye-to-eye with your co-parent on what’s best for your child. It’s also possible that you have a rather amicable relationship with your child’s other parent, and are on great terms that make it easy to cooperate on most matters.
Either way, it’s important to recognize that whatever arrangement you pursue might be fitting for now, but things can change and there may come a point in time when you may need to modify your established custody arrangement. In this blog we’ll discuss what child custody modifications are, and 6 possible reasons they may be necessary. Let’s dive in!
What Are Child Custody Modifications?
Modifications refer to the act of changing something that is already established, such as a contract or legal document.
“Child custody orders can be modified if there is a change of circumstances. The child’s parents can petition the court for a child custody modification. The family court will grant the modification if it is determined the change in the parenting plan is in the best interests of the child.” (Find Law, 2023)
Children grow and change, and so do their needs. Even after a divorce is settled and custody arrangements are handled, it’s likely that circumstances in your lives will change. When they do, your custody arrangement can be modified to reflect these changes.
Reasons You Might Need To Make Modifications To Your Custody Arrangement
1) Changes In Parenting Arrangements
One of the most common reasons that modifications to your custody arrangement may be necessary is a change in parenting arrangements. For instance, one of you could lose a job, or get a new job. A career change could alter your schedule and availability, which in turn might hinder your ability to honor your original custody arrangement. If that’s the case, you may need to re-work your previous agreement to better fit your current situation. In fact, a change to a parent’s work schedule is one of the few reasons the court will order modification.
2) Child’s Educational Needs Shift
Another reason for modification is if your child’s educational needs change. For example, whether they are struggling in school and falling behind, or they’re excelling beyond academic standards, modifying your custody arrangement to allow for extra time studying or even switching schools to better accommodate their needs might be necessary. Prioritizing your child’s education helps prioritize their well-being. Modifications might simply be a part of making that happen.
3) Parental Relocation
Similar to a change in parenting arrangements, there may also be a need for a change in location for either parent, whether that be because of a job, a desire to be closer to relatives, or something else. If one parent plans to move a significant distance away, it can necessitate modifications in order for both parents to still play an active role in their child’s life, which Alabama courts prefer. In fact, the courts must at least consider the potential for joint legal custody in all situations. Still, a long distance move is another one of a few reasons the court will order modification.
4) Change In Financial Circumstances
If you or your co-parent were to fall on hard times, and your or their ability to provide for your child was hindered, changing your custody arrangement to better accommodate the financial situation can be necessary. Loss of employment or other unexpected financial burdens can keep a parent from being able to provide necessities like food, clothing, shelter, and other essentials. Meeting these needs is what’s most important, so it’s crucial to adjust your custody arrangement accordingly. Like relocation, or schedule changes, modification can be court ordered if you or your co-parent experience a drastic financial change.
5) Health Issues
Similarly to losing income, when you, your co-parent, or your child experiences health issues, that can significantly impact your ability to carry out your parenting responsibilities. The health of both parents is something that the court analyzes when determining a custody arrangement to begin with. If something were to change, like one parent falling ill, a modification will likely be necessary to ensure that your child’s needs are still met. The same goes for your child’s health. Hopefully this would never be the case, but if your child were to become chronically ill with something that required ongoing treatment, this could become a scheduling conflict for you or your co-parent.
6) Safety Concerns
Safety concerns are another reason that a custody arrangement may need to be modified, specifically if one parent were to develop a habit of substance abuse, or commit an act of violence against the child. In Chapter 3 of Alabama Code – Child Custody and Support, a finding that domestic or family violence has occurred since the last custody determination constitutes a finding of change in circumstances.
How The Court Determines Child Custody Modifications
The standard for determining the modifications will be based solely on the best interests of your child. The court with analyze those, as well as the following, before determining a new child custody order:
- What your child needs
- The physical/mental health of you and your co-parent
- You and your co-parents ability parent’s ability to provide for your child
- Your child’s preference (if they are old enough to express it)
- Evidence of parental substance abuse, domestic violence, or child abuse
- Whether or not modifications will negatively affect your child’s life
- Whether the current custody arrangement is causing harm to the child
How Word Family Law Group Can Help You
If you’re getting divorced and need help creating a custody arrangement, or you have an existing custody arrangement that you need to make modifications to, Word Family Law Group is here to help you navigate each step of the process. We understand that matters relating to your child(ren) are particularly sensitive, and we want to help lessen your burden by explaining your parental responsibilities and rights when it comes to your child custody arrangement.
Our skilled child custody attorney, Christopher P. Word has 15+ years of experience handling child custody modifications and other family law related matters in Alabama. His knowledge can help guide you towards the best possible resolution for your family, providing you with peace of mind. Call Word Family Law Group today to request a consultation and discover your legal options!
