Modifying a Custody Order

A “permanent” custody order can always be modified based on a substantial change of circumstances affecting the welfare of the children regarding custody. 

The threshold issue is whether there has been a “substantial” change of circumstances.  Once again, substantial is basically whatever the judge finds to be substantial.  Essentially, there has to be some change or changes, and those changes have to impact the welfare of the children in some significant way that would warrant changing the terms of the custody order.

In a trial on a motion to modify custody, the judge is limited to hearing evidence about what has transpired after the date the prior custody order was entered.  So, we generally cannot go back and litigate all those issues that led to the entry of the prior custody order, whether that was the result of a trial or of a settlement.

If the judge is satisfied that there has been a substantial change of circumstances, then the judge once again determines what is in the best interests of the children, and that means in any and all areas concerning custody.  The judge can fix the particular issues that led you to file a motion to modify custody, and/or change anything and everything about the entire custodial arrangement.          

In my experience, there are innumerable ways in which circumstances can change that warrant the modification of a custody order.  These can be changes in a negative sense (such as the children are failing to thrive in the care of one parent, the onset of drug or alcohol addiction or problematic significant others/home environments) or changes in a positive sense (such as one parent overcoming past addiction issues, moving closer to the children or the children getting older and desiring to spend more time bonding with a parent). 

 We will discuss what has changed in your case and what modifications you are seeking in order to determine the best course of action and the likelihood that the Court will make the modifications you seek.