MODIFICATION OF CHILD CUSTODY AND SUPPORT

What circumstances might necessitate a modification suit? A wide variety of fact patterns exist that would support a modification.

HERE ARE A FEW EXAMPLES:

• The parent establishing the child’s primary residence (primary parent) is dating a different person every week and delegating caretaking to others, or has created an unstable environment in general.

• A parent is behaving irresponsibly by getting the child to school late and not supervising homework. The child’s grades are dropping. Or the child has become the parent’s caregiver.

•  The child is having serious problems that pose a risk to his or her future. He is not doing his homework, is playing video games all the time or is out and about at all hours, getting involved with alcohol and/or drugs.

• Blended families are producing problems with stepparents or stepsiblings.

•  A parent is having problems such as addiction, mental health issues, and/or anger management.

•  The child’s physical and/or mental health care needs are not being met in one household or the other.

• The parents can’t agree on important decisions for the child.

• The visitation schedule is no longer workable.

• The primary parent desires to move outside of the geographic restrictions established in the prior order.

• The child is older now and would prefer a different situation.

If your child is in danger or otherwise at serious risk, your lawyer may help you get a temporary modified order in place while a permanent resolution is devised. Such a situation is based on your unique facts and requires adept and strong advocacy.

Whether your need for a modification is driven by such a serious situation or just a change in circumstances, only facts that have occurred since the prior order affecting the parent-child relationship can be tried. This is not the time to re-litigate the prior suit.

The parent-child relationship is a dynamic process and is ever-changing. Not surprisingly, this frequently means the court order affecting the parent-child relationship (conservatorship, possession and support) no longer works for either the child or the parents and is no longer in the best interests of the child. Whenever there has been a material and substantial change in conditions, a suit for modification of the parent-child relationship is warranted.

As with the original suit affecting the parent-child relationship, you will need the best possible legal team on your side to get a modification order in place that will improve your child’s situation and your own, and will set your child on a path to a successful future.