Child Custody Modification

Circumstances evolve. People move, lose jobs, change living situations, and more. Divorce settlements and parenting plans are based on your situation at a particular moment in time. What do you do when things shift?

You can use the child custody modification process to change an order after the final judgment. This can be amended to reflect the child's residence, the frequency and duration of visits, the amount of financial support, and other elements of the original parenting plan.

Depending on what you want to change, modifications fall into one of two categories: major or minor.

• A minor modification might include adjusting pickup times or switching drop-off locations for weekend visits.
• A major modification requests significant changes to the parenting plan. A good example of a major change would be to request physical custody of your child from your ex. Meaning your child lived with your ex, but now you want them to live with you.

If both parents agree on a new custody arrangement without the courts having to step in, that makes things much easier. It’s when the other parent contests the proposed alterations that things get messy.

Related Reading: Parental Relocation

To achieve a modification, you have to demonstrate a significant change in circumstances. The courts are much less likely to consider requests that are more for parental convenience than for other reasons.

Examples of significant changes include:

• One parent is moving to another city or state, making it logistically difficult to comply with the parenting plan.
• A drastic shift in the work schedule of one or both parents.
• The primary parent is being negligent, mentally or physically abusive, or unreliable.
• The child wants to spend more time with the parent who was not awarded primary custody.

When it comes to custody, the courts place the child’s best interests above all other concerns.

They aim to keep the child’s life as steady and consistent as possible. Because of this, they’re often hesitant to make substantial changes to an existing parenting plan. Like swapping living situations. The biggest exceptions are in cases of abuse or neglect, or where a child’s health or safety may be in danger.

Related Reading: Parental Evaluations In Oregon
Related Reading: Can You Modify A Child Support Order?