Custody orders include details regarding the breakdown of parenting time and legal authority. They frequently address holidays and birthdays in addition to day-to-day parenting time.
Most custody orders are the product of parents cooperating to negotiate arrangements with one another. However, the family courts can establish custody orders on behalf of parents in contested custody scenarios. When parents cannot agree on how to share their rights and responsibilities, the courts may decide what is in the best interests of the children.
Both uncontested custody orders obtained through negotiations and contested custody orders established through litigation may fall short of fully meeting a family’s needs. When is it possible for parents to petition the courts to change a court order regarding custody?
1. When at least a year has passed
Frequently, one parent’s dissatisfaction with arrangements is the underlying reason for a modification request. State statutes require that people wait at least a year before petitioning for a contested custody modification.
Parents hoping to secure more time with their children or to rework the division of parental authority typically need to wait at least 12 months after the courts finalize their most recent custody order to request a judge’s review.
2. When the parents agree
Custody modifications are theoretically possible at any point if parents can work with one another. Uncontested custody modifications involve the parents working together to establish new terms that reflect the needs of their children and their availability. Parents can potentially pursue uncontested modifications at any point after the courts establish a custody order.
3. When there are unusual challenges
There are two scenarios in which parents can pursue a contested modification without waiting a year. The first is when they have proof of one parent’s attempt to alienate the other by refusing to uphold the terms of the custody agreement.
Repeated violations of a custody order and other signs of attempts at parental alienation can warrant a contested modification request without waiting a year. Similarly, parents who have evidence of abuse or neglect occurring when the children are with the other parent can request a modification without waiting 12 months.
Parents hoping to update their custody orders may need help understanding the law and following the appropriate procedures. Working with an attorney can make it easier for parents to modify a child custody order either through cooperation with one another or litigation in family court.