When Should You file for a Child’s Custody Modification ?

A child custody decision is crucial to the wellbeing of the child. Children will do better in the stable and predictable environment. A child will thrive when they know what to expect and they can count on the parent to provide a conducive environment. As a parent, if you feel the current environment for your children is not enabling you can contact family lawyers and request for child custody modification. If your child custody arrangement is not working, talk to the child support lawyers and begin custody modification. In this post, we tell you reasons why the custody of your children may be modified.

What is Custody Modification?

A custody modification is an order that sets out to change how your children live currently. Its a court order that will change where your children live, who they live with and who they visit. To change the custody, order the parent who feels dissatisfied with how the children live will contact a family lawyer who institutes the modification.

Who Can Ask for Custody Modification and What Can You Ask?

A parent who feels the current environment is not enabling for the children will request for custody modification. If you are worried that the visit to the other parent is causing more harm than good you can also request for custody modification. You can also ask the court for child support modification.

Reasons for Child Custody Modification

  • Best Interest of your Children

A court will consider altering the custody if the current arrangement is not working especially for the child. The main concern of any court is the wellbeing of the child and if for any reason the best interest of children is not taken into account, then the lawyer can request the judge for modification. The judge will scrutinize the reasons given and decide whether they are grounds for modification. If you feel that the current child custody is not in the best interest of the child, Contact the family lawyer and request for custody modification

  • When Your Child is in Danger

The wellbeing of the child is key in custody battles and if there are any reasons that make you believe that the child is in danger then you should contact the family lawyer to have the custody modified. The court will consider the following and agree to custody modification.


  • Domestic violence in the current home
  • Whether the danger is immediate
  • If the child expresses an unwillingness to remain in the home where there is a danger


  • Current custodian Physical Relocation

If the parent who has custody of the children is considering relocating to a far place, then you should file for custody modification. Before the judge grants the modification order they will consider the following;

  • Reason for relocating
  • Whether the visitation schedule will be affected and if there is any solution
  • Whether the parents have agreed on how to change the schedules
  • The impact of the relocation on the child’s life
  • Whether the relocation will be good for the child’s growth and development


  • When the parent who has custody ignores the set-out visitation schedules and rules

If one of the parents fails to adhere to the set-out visitation rules and regulations a court may grant custody modification. The court will review the parenting plan that was agreed upon and reasons why the set-out schedule has failed to work. The court will seek to understand why the set rules have on the various issues have failed to work and they may change the child custody.

  • The Death of a Parent

If the parent who has the custody of the child dies, then a modification will be necessary. The court will decide whether a third party will take custody, or the other parent is fit to take care of the children. The court will not give custody if the child life will be affected negatively. A court may consider a third-party arrangement for the following reasons;

  • If the custodial home is far away from the current home
  1. If it’s impossible for the other parent to assume responsibility due to work, disease or any other reason.
  • The child refuses to live with the other parent or expresses a desire to live with the third party

Additional Tips

  • Communicate your intentions to the other parent
  • Before you start the custody modification, it’s important that you communicate your concerns to the other parent.
  • Mediation or arbitration

Before you speak to a family lawyer, try mediation or arbitration which is less time-consuming. if there is no solution then you can ask your lawyer to take the case back to court.

Custody modification can be difficult because you need to prove beyond reasonable doubt that there is a need to change the custody. Its therefore important that you work with a child support lawyer  Fairfax your children get the best.

Pinksarbeit Lawyers