Parents who divorce or separate often spend weeks, if not months, trying to work out reasonable shared custody arrangements. In cases where they struggle to agree on the right solutions, parents may litigate their custody matters.
A judge looks over family circumstances at length and then determines what arrangements might be appropriate given the family circumstances. Once a judge approves a final custody order, it becomes enforceable in court.
Parents have to discuss decision-making matters with each other and uphold their established custody schedule or risk consequences for failing to do so. Sometimes, parents find themselves in a frustrating situation where the current custody order does not work well for their family. Does a parent have to keep trying to make a custody arrangement work if it is causing issues for their family?
Parents can modify their custody orders
While there is an expectation that parents should uphold the final custody order approved by the courts, changes to family circumstances are all but inevitable after parents divorce. One parent may take a new job in a different location or start a new relationship. A member of the family could sustain major injuries. The children might transfer to a new school or start participating in team sports.
Provided that there has been a substantial change in family circumstances, the parents can ask to modify or adjust the current custody order for the family. Parents can work together to establish an uncontested modification request. They present proposed changes to the courts that they have arrived at through mutual agreement. Such modifications are usually simple and straightforward.
If the parents don’t agree about the need to make changes or if they disagree about what changes may benefit the family, then they may need to take the matter back to family court. Family law judges frequently hear contested modification cases. They consider the best interests of the children and the changes in family circumstances.
They can then adjust the allocation of parenting time or the division of decision-making authority. Judges generally want custody arrangements to uphold what is best for the children. Keeping the order up to date limits the likelihood of the parents becoming embroiled in conflicts that could prove damaging for their children.
Recognizing that outdated custody arrangements are causing conflicts may inspire parents to seek custody modifications that could improve their circumstances. While parents should try to uphold custody orders, they can also modify them when their circumstances have changed.